Old | New | Differences | |
---|---|---|---|
1 | + | *EH1158.2* | |
2 | + | Reprinted | |
3 | + | February 28, 2024 | |
4 | + | ENGROSSED | |
5 | + | HOUSE BILL No. 1158 | |
6 | + | _____ | |
7 | + | DIGEST OF HB 1158 (Updated February 27, 2024 3:31 pm - DI 87) | |
8 | + | Citations Affected: IC 36-2. | |
9 | + | Synopsis: County contracts. Provides that for counties other than | |
10 | + | Marion County, contracts entered into by the county (including | |
11 | + | contracts executed by county elected officers) must meet certain | |
12 | + | requirements. Allows the county executive to adopt an ordinance that | |
13 | + | delegates authority to other county elected officers and employees to | |
14 | + | approve contracts. Requires county elected officers to have certain | |
15 | + | contracts: (1) executed by the county executive; or (2) submitted for | |
16 | + | review by the county attorney and county executive. Provides that if the | |
17 | + | county attorney advises the county executive that a contract of a county | |
18 | + | elected officer does not comply with state law or the public purchasing | |
19 | + | or bidding laws, the county executive may disapprove the contract. | |
20 | + | Allows the county executive to void a contract if a county officer fails | |
21 | + | to comply with the review process. | |
22 | + | Effective: July 1, 2024. | |
23 | + | Lehman, May, Steuerwald, | |
24 | + | Johnson B, Zimmerman | |
25 | + | (SENATE SPONSORS — HOLDMAN, GARTEN, RANDOLPH LONNIE M) | |
26 | + | January 8, 2024, read first time and referred to Committee on Local Government. | |
27 | + | January 16, 2024, amended, reported — Do Pass. | |
28 | + | January 18, 2024, read second time, amended, ordered engrossed. | |
29 | + | January 19, 2024, engrossed. | |
30 | + | January 22, 2024, read third time, passed. Yeas 94, nays 0. | |
31 | + | SENATE ACTION | |
32 | + | January 25, 2024, read first time and referred to Committee on Local Government. | |
33 | + | February 22, 2024, amended, reported favorably — Do Pass. | |
34 | + | February 27, 2024, read second time, amended, ordered engrossed. | |
35 | + | EH 1158—LS 6424/DI 137 Reprinted | |
36 | + | February 28, 2024 | |
1 | 37 | Second Regular Session of the 123rd General Assembly (2024) | |
2 | 38 | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana | |
3 | 39 | Constitution) is being amended, the text of the existing provision will appear in this style type, | |
4 | 40 | additions will appear in this style type, and deletions will appear in this style type. | |
5 | 41 | Additions: Whenever a new statutory provision is being enacted (or a new constitutional | |
6 | 42 | provision adopted), the text of the new provision will appear in this style type. Also, the | |
7 | 43 | word NEW will appear in that style type in the introductory clause of each SECTION that adds | |
8 | 44 | a new provision to the Indiana Code or the Indiana Constitution. | |
9 | 45 | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts | |
10 | 46 | between statutes enacted by the 2023 Regular Session of the General Assembly. | |
11 | - | HOUSE ENROLLED ACT No. 1158 | |
12 | - | AN ACT to amend the Indiana Code concerning local government. | |
47 | + | ENGROSSED | |
48 | + | HOUSE BILL No. 1158 | |
49 | + | A BILL FOR AN ACT to amend the Indiana Code concerning local | |
50 | + | government. | |
13 | 51 | Be it enacted by the General Assembly of the State of Indiana: | |
14 | - | SECTION 1. IC 36-2-2.8 IS ADDED TO THE INDIANA CODE | |
52 | + | 1 SECTION 1. IC 36-2-2.8 IS ADDED TO THE INDIANA CODE | |
53 | + | 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE | |
54 | + | 3 JULY 1, 2024]: | |
55 | + | 4 Chapter 2.8. County Contracts; Requirements | |
56 | + | 5 Sec. 1. This chapter only applies to a county not having a | |
57 | + | 6 consolidated city. | |
58 | + | 7 Sec. 2. (a) As used in this chapter, "contract" means a contract | |
59 | + | 8 for the purchase of: | |
60 | + | 9 (1) real property; | |
61 | + | 10 (2) tangible or intangible personal property; or | |
62 | + | 11 (3) services (as defined in IC 5-22-2-30). | |
63 | + | 12 (b) The term does not include a contract concerning the issuance | |
64 | + | 13 of: | |
65 | + | 14 (1) a bond to finance the construction of a public facility; or | |
66 | + | 15 (2) a bond or other type of security for the payment of a lease | |
67 | + | 16 obligation. | |
68 | + | 17 Sec. 3. As used in this chapter, "county officer" has the meaning | |
69 | + | EH 1158—LS 6424/DI 137 2 | |
70 | + | 1 set forth in IC 36-2-2.9-3. | |
71 | + | 2 Sec. 4. A contract entered into by a county, including a contract | |
72 | + | 3 executed by a county officer, must meet the following | |
73 | + | 4 requirements: | |
74 | + | 5 (1) The contract must be executed in the name of the county. | |
75 | + | 6 (2) Any property purchases for public use shall be: | |
76 | + | 7 (A) titled to; or | |
77 | + | 8 (B) documented as owned by; | |
78 | + | 9 the county. | |
79 | + | 10 Sec. 5. The county executive may, by ordinance, require | |
80 | + | 11 standard contractual language to be used in all contracts entered | |
81 | + | 12 into by the county, including contracts executed by a county | |
82 | + | 13 officer. The ordinance may include: | |
83 | + | 14 (1) provisions for indemnification; | |
84 | + | 15 (2) dispute resolution provisions; | |
85 | + | 16 (3) venue requirements; | |
86 | + | 17 (4) termination provisions; and | |
87 | + | 18 (5) notification provisions. | |
88 | + | 19 Sec. 6. In addition to the county executive's authority under | |
89 | + | 20 IC 36-2-2.9 to approve contracts, the county executive may adopt | |
90 | + | 21 an ordinance to delegate additional authority to approve contracts | |
91 | + | 22 to other county officers and employees. | |
92 | + | 23 SECTION 2. IC 36-2-2.9 IS ADDED TO THE INDIANA CODE | |
93 | + | 24 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE | |
94 | + | 25 JULY 1, 2024]: | |
95 | + | 26 Chapter 2.9. Review of County Contracts | |
96 | + | 27 Sec. 1. This chapter only applies to a county not having a | |
97 | + | 28 consolidated city. | |
98 | + | 29 Sec. 2. The definitions in IC 36-2-2.8 apply to this chapter. | |
99 | + | 30 Sec. 3. As used in this chapter, "county officer" means the | |
100 | + | 31 following: | |
101 | + | 32 (1) Assessor. | |
102 | + | 33 (2) Auditor. | |
103 | + | 34 (3) Coroner. | |
104 | + | 35 (4) Recorder. | |
105 | + | 36 (5) Sheriff. | |
106 | + | 37 (6) Surveyor. | |
107 | + | 38 (7) Treasurer. | |
108 | + | 39 (8) Clerk of the circuit court. | |
109 | + | 40 (9) County fiscal body. | |
110 | + | 41 Sec. 4. (a) If a county officer has a proposed contract: | |
111 | + | 42 (1) that the county officer believes is necessary for the county | |
112 | + | EH 1158—LS 6424/DI 137 3 | |
113 | + | 1 officer to carry out a constitutional or statutory duty of office; | |
114 | + | 2 and | |
115 | + | 3 (2) for which funds have been appropriated by the county | |
116 | + | 4 fiscal body to pay for the contract; | |
117 | + | 5 the county officer must have the county executive execute the | |
118 | + | 6 contract or submit the contract for review under this chapter. | |
119 | + | 7 (b) The county executive may void a contract that a county | |
120 | + | 8 officer executes without first complying with this chapter. | |
121 | + | 9 Sec. 5. To initiate a contract review, the county officer must | |
122 | + | 10 submit to the county auditor the following: | |
123 | + | 11 (1) A request for review. | |
124 | + | 12 (2) A copy of the proposed contract. The contract must | |
125 | + | 13 comply with IC 36-2-2.8, including using the standard terms | |
126 | + | 14 required by ordinance under IC 36-2-2.8-5. | |
127 | + | 15 The county auditor shall date stamp the request and immediately | |
128 | + | 16 forward copies of the request and contract to the president of the | |
129 | + | 17 county executive and county attorney. | |
130 | + | 18 Sec. 6. Not later than twenty (20) days after the request is filed | |
131 | + | 19 with the county auditor: | |
132 | + | 20 (1) the county executive and county attorney shall review the | |
133 | + | 21 proposed contract; and | |
134 | + | 22 (2) the county executive shall notify the county officer of the | |
135 | + | 23 results of the review. | |
136 | + | 24 Sec. 7. (a) If the county attorney advises the county executive | |
137 | + | 25 that the contract does not comply with: | |
138 | + | 26 (1) state law; or | |
139 | + | 27 (2) any applicable public purchasing or bidding laws; | |
140 | + | 28 the county executive may disapprove the contract and the contract | |
141 | + | 29 may not be executed by the county officer. | |
142 | + | 30 (b) The county attorney shall notify the county executive of the | |
143 | + | 31 results of the review. | |
144 | + | 32 Sec. 8. If the contract: | |
145 | + | 33 (1) is not disapproved under section 7 of this chapter; and | |
146 | + | 34 (2) the county executive finds the contract: | |
147 | + | 35 (A) complies with IC 36-2-2.8; and | |
148 | + | 36 (B) is otherwise acceptable; | |
149 | + | 37 the county executive may approve and authorize execution of the | |
150 | + | 38 contract by the county officer or the county executive. | |
151 | + | 39 Sec. 9. (a) If the county executive finds the contract: | |
152 | + | 40 (1) does not comply with IC 36-2-2.8; or | |
153 | + | 41 (2) is otherwise not acceptable for reasons other than those | |
154 | + | 42 determined under section 7 of this chapter; | |
155 | + | EH 1158—LS 6424/DI 137 4 | |
156 | + | 1 the county executive must provide the county officer with a written | |
157 | + | 2 statement described in subsection (b). | |
158 | + | 3 (b) The county executive must provide a written statement as | |
159 | + | 4 part of the notification of the review results under section 11 of this | |
160 | + | 5 chapter that: | |
161 | + | 6 (1) explains why the contract is not acceptable; and | |
162 | + | 7 (2) provides recommendations, if any, for making the contract | |
163 | + | 8 acceptable to the county executive. | |
164 | + | 9 Sec. 10. The county executive has the responsibility of notifying | |
165 | + | 10 the county officer of the results of the review conducted by the | |
166 | + | 11 county attorney and the county executive. | |
167 | + | 12 Sec. 11. If: | |
168 | + | 13 (1) the review; and | |
169 | + | 14 (2) the notification of the review results, including the written | |
170 | + | 15 statement under section 9(b) of this chapter, if applicable; | |
171 | + | 16 are not made within the time required under section 6 of this | |
172 | + | 17 chapter, the contract shall be considered acceptable and the county | |
173 | + | 18 officer may execute the contract. | |
174 | + | 19 Sec. 12. (a) This section only applies to a contract that: | |
175 | + | 20 (1) the county executive does not disapprove under section 7 | |
176 | + | 21 of this chapter; and | |
177 | + | 22 (2) is found to be unacceptable by the county executive under | |
178 | + | 23 section 9 of this chapter. | |
179 | + | 24 (b) The county officer may do the following: | |
180 | + | 25 (1) Revise the contract and file a new request for review | |
181 | + | 26 under this chapter. | |
182 | + | 27 (2) Execute the contract, if the county officer determines the | |
183 | + | 28 contract complies with IC 36-2-2.8. | |
184 | + | 29 Sec. 13. (a) A county officer must submit the contract to the | |
185 | + | 30 county auditor not more than ten (10) days after the contract is | |
186 | + | 31 executed. | |
187 | + | 32 (b) A contract that is executed by a county officer: | |
188 | + | 33 (1) under section 12(b)(2); and | |
189 | + | 34 (2) submitted to the county auditor more than ten (10) days | |
190 | + | 35 after execution; | |
191 | + | 36 is voidable by the county executive. | |
192 | + | 37 Sec. 14. The county auditor shall upload a contract submitted | |
193 | + | 38 under section 13 of this chapter to the Indiana transparency | |
194 | + | 39 website. | |
195 | + | EH 1158—LS 6424/DI 137 5 | |
196 | + | COMMITTEE REPORT | |
197 | + | Mr. Speaker: Your Committee on Local Government, to which was | |
198 | + | referred House Bill 1158, has had the same under consideration and | |
199 | + | begs leave to report the same back to the House with the | |
200 | + | recommendation that said bill be amended as follows: | |
201 | + | Page 1, line 3, delete "A county executive may pass an ordinance" | |
202 | + | and insert: | |
203 | + | "This section does not apply to a county containing a | |
204 | + | consolidated city. | |
205 | + | (b) The following applies to all contracts entered into by a | |
206 | + | county unit: | |
207 | + | (1) The contract shall be undertaken in the name of the | |
208 | + | county. | |
209 | + | (2) Any real property, personal property, goods, or services | |
210 | + | purchased by the county or a county official for public use | |
211 | + | shall be titled to, or otherwise documented as owned by, the | |
212 | + | county unit. | |
213 | + | (3) The county executive may, by ordinance, require standard | |
214 | + | contractual language to be used in all contracts of the county | |
215 | + | unit that may include: | |
216 | + | (A) provisions for indemnification; | |
217 | + | (B) dispute resolution provisions; | |
218 | + | (C) venue requirements; | |
219 | + | (D) termination provisions; and | |
220 | + | (E) notification provisions. | |
221 | + | SECTION 2. IC 36-2-13-21 IS ADDED TO THE INDIANA CODE | |
222 | + | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY | |
223 | + | 1, 2024]: Sec. 21. (a) This section does not apply to a county | |
224 | + | containing a consolidated city. | |
225 | + | (b) This section applies to a contract for the purchase of goods | |
226 | + | and services by the county or on behalf of a county official for | |
227 | + | official use with appropriated funds. | |
228 | + | (c) Except as provided in subsection (e), the county executive is | |
229 | + | the body charged with executing contracts on behalf of the county. | |
230 | + | (d) Subsection (e) may be utilized by an elected officeholder | |
231 | + | subject to the following conditions: | |
232 | + | (1) The proposed contract meets the requirements in section | |
233 | + | 20 of this chapter. | |
234 | + | (2) The proposed contract is for goods and services that are | |
235 | + | necessary for an elected officeholder to carry out a | |
236 | + | constitutional or statutory duty for the elected officeholder's | |
237 | + | office. | |
238 | + | EH 1158—LS 6424/DI 137 6 | |
239 | + | (3) The funds used have been appropriated by the county | |
240 | + | fiscal body, if appropriation is required under law. | |
241 | + | (e) When an elected officeholder determines that it may be | |
242 | + | necessary to execute a contract that meets the requirements in | |
243 | + | subsection (d), the following review process applies: | |
244 | + | (1) The elected officeholder must file an official request for | |
245 | + | approval of the proposed contract with the county auditor | |
246 | + | with notice to the president of the county executive. | |
247 | + | (2) The county executive shall have at least fifteen (15) days | |
248 | + | from the date the request is filed to review and approve the | |
249 | + | proposed contract. As part of the review, the proposed | |
250 | + | contract must be reviewed by the county attorney to | |
251 | + | determine: | |
252 | + | (A) the county's potential exposure to liability under the | |
253 | + | contract; and | |
254 | + | (B) whether the contract complies with state law. | |
255 | + | (3) If the county executive finds that: | |
256 | + | (A) the proposed contract is acceptable, the county | |
257 | + | executive may approve the contract and authorize it for | |
258 | + | execution by either the county executive or the elected | |
259 | + | officeholder; or | |
260 | + | (B) the proposed contract is not acceptable, the county | |
261 | + | executive may refuse to approve the contract. However, | |
262 | + | the county executive must provide a written statement to | |
263 | + | the elected officeholder within five (5) days following the | |
264 | + | public meeting in which it was considered explaining why | |
265 | + | the contract is not acceptable and provide | |
266 | + | recommendations that would make the contract | |
267 | + | acceptable, if any. | |
268 | + | (4) Should a contract be refused for approval by the county | |
269 | + | executive under subdivision (3)(B), the elected officeholder | |
270 | + | may: | |
271 | + | (A) offer a revised contract to the county executive by | |
272 | + | filing a new request for review under subdivision (1); or | |
273 | + | (B) execute the contract if the officeholder determines the | |
274 | + | contract includes the required terms stated in an ordinance | |
275 | + | adopted under section 20(a)(3) of this chapter, if an | |
276 | + | ordinance has been adopted. | |
277 | + | (5) A contract executed under subdivision (4)(B) shall be | |
278 | + | submitted to the county auditor not later than ten (10) days | |
279 | + | after execution. Any contract not submitted to the county | |
280 | + | auditor within ten (10) days is voidable by the county | |
281 | + | EH 1158—LS 6424/DI 137 7 | |
282 | + | executive. | |
283 | + | (6) The county auditor shall upload a contract submitted | |
284 | + | under subdivision (5) to the Indiana transparency website | |
285 | + | under IC 5-14-3.8-3.". | |
286 | + | Page 1, delete lines 4 through 17. | |
287 | + | Delete page 2. | |
288 | + | and when so amended that said bill do pass. | |
289 | + | (Reference is to HB 1158 as introduced.) | |
290 | + | MAY | |
291 | + | Committee Vote: yeas 11, nays 0. | |
292 | + | _____ | |
293 | + | HOUSE MOTION | |
294 | + | Mr. Speaker: I move that House Bill 1158 be amended to read as | |
295 | + | follows: | |
296 | + | Page 1, line 3, delete "a county" and insert "the following:". | |
297 | + | Page 1, delete line 4, begin a new line block indented and insert: | |
298 | + | "(1) A county containing a consolidated city. | |
299 | + | (2) A building corporation of a county that issues bonds for | |
300 | + | the purpose of constructing public facilities. | |
301 | + | (3) A bond or other type of security for the payment of a lease | |
302 | + | obligation.". | |
303 | + | Page 2, line 6, delete "a county" and insert "the following:". | |
304 | + | Page 2, delete line 7, begin a new line block indented and insert: | |
305 | + | "(1) A county containing a consolidated city. | |
306 | + | (2) A building corporation of a county that issues bonds for | |
307 | + | the purpose of constructing public facilities. | |
308 | + | (3) A bond or other type of security for the payment of a lease | |
309 | + | obligation.". | |
310 | + | (Reference is to HB 1158 Digest Correction as printed January 16, | |
311 | + | 2024.) | |
312 | + | MELTZER | |
313 | + | EH 1158—LS 6424/DI 137 8 | |
314 | + | HOUSE MOTION | |
315 | + | Mr. Speaker: I move that House Bill 1158 be amended to read as | |
316 | + | follows: | |
317 | + | Page 2, line 29, delete "at least fifteen (15)" and insert "twenty | |
318 | + | (20)". | |
319 | + | Page 2, line 30, delete "approve the" and insert "respond as to | |
320 | + | whether the proposed contract is approved or disapproved.". | |
321 | + | Page 2, line 31, delete "proposed contract.". | |
322 | + | Page 3, line 3, delete "five (5) days following the" and insert "the | |
323 | + | timeframe described in subdivision (2)". | |
324 | + | Page 3, line 4, delete "public meeting in which it was considered". | |
325 | + | (Reference is to HB 1158 Digest Correction as printed January 16, | |
326 | + | 2024.) | |
327 | + | ZIMMERMAN | |
328 | + | _____ | |
329 | + | COMMITTEE REPORT | |
330 | + | Madam President: The Senate Committee on Local Government, to | |
331 | + | which was referred House Bill No. 1158, has had the same under | |
332 | + | consideration and begs leave to report the same back to the Senate with | |
333 | + | the recommendation that said bill be AMENDED as follows: | |
334 | + | Page 1, delete lines 1 through 17, begin a new paragraph and insert: | |
335 | + | "SECTION 1. IC 36-2-2.8 IS ADDED TO THE INDIANA CODE | |
15 | 336 | AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE | |
16 | 337 | JULY 1, 2024]: | |
17 | 338 | Chapter 2.8. County Contracts; Requirements | |
18 | 339 | Sec. 1. This chapter only applies to a county not having a | |
19 | 340 | consolidated city. | |
20 | 341 | Sec. 2. (a) As used in this chapter, "contract" means a contract | |
21 | 342 | for the purchase of: | |
22 | 343 | (1) real property; | |
23 | 344 | (2) tangible or intangible personal property; or | |
24 | 345 | (3) services (as defined in IC 5-22-2-30). | |
25 | 346 | (b) The term does not include a contract concerning the issuance | |
26 | 347 | of: | |
27 | 348 | (1) a bond to finance the construction of a public facility; or | |
28 | 349 | (2) a bond or other type of security for the payment of a lease | |
29 | 350 | obligation. | |
30 | 351 | Sec. 3. As used in this chapter, "county officer" has the meaning | |
352 | + | EH 1158—LS 6424/DI 137 9 | |
31 | 353 | set forth in IC 36-2-2.9-3. | |
32 | 354 | Sec. 4. A contract entered into by a county, including a contract | |
33 | 355 | executed by a county officer, must meet the following | |
34 | 356 | requirements: | |
35 | 357 | (1) The contract must be executed in the name of the county. | |
36 | 358 | (2) Any property purchases for public use shall be: | |
37 | - | HEA 1158 — Concur 2 | |
38 | 359 | (A) titled to; or | |
39 | 360 | (B) documented as owned by; | |
40 | - | the county. | |
41 | - | Sec. 5. The county executive may, by ordinance, require | |
361 | + | the county.". | |
362 | + | Page 2, delete lines 1 through 2, begin a new paragraph and insert: | |
363 | + | "Sec. 5. The county executive may, by ordinance, require | |
42 | 364 | standard contractual language to be used in all contracts entered | |
43 | 365 | into by the county, including contracts executed by a county | |
44 | - | officer. The ordinance may include: | |
45 | - | (1) provisions for indemnification; | |
46 | - | (2) dispute resolution provisions; | |
47 | - | (3) venue requirements; | |
48 | - | (4) termination provisions; and | |
49 | - | (5) notification provisions. | |
50 | - | Sec. 6. In addition to the county executive's authority under | |
51 | - | IC 36-2-2.9 to approve contracts, the county executive may adopt | |
52 | - | an ordinance to delegate additional authority to approve contracts | |
53 | - | to other county officers and employees. | |
54 | - | SECTION 2. IC 36-2-2.9 IS ADDED TO THE INDIANA CODE | |
366 | + | officer. The ordinance may include:". | |
367 | + | Page 2, line 3, delete "(A)", begin a new line block indented and | |
368 | + | insert: | |
369 | + | "(1)". | |
370 | + | Page 2, line 4, delete "(B)", begin a new line block indented and | |
371 | + | insert: | |
372 | + | "(2)". | |
373 | + | Page 2, line 5, delete "(C)", begin a new line block indented and | |
374 | + | insert: | |
375 | + | "(3)". | |
376 | + | Page 2, line 6, delete "(D)", begin a new line block indented and | |
377 | + | insert: | |
378 | + | "(4)". | |
379 | + | Page 2, line 7, delete "(E)", begin a new line block indented and | |
380 | + | insert: | |
381 | + | "(5)". | |
382 | + | Page 2, delete lines 8 through 42, begin a new paragraph and insert: | |
383 | + | "SECTION 2. IC 36-2-2.9 IS ADDED TO THE INDIANA CODE | |
55 | 384 | AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE | |
56 | 385 | JULY 1, 2024]: | |
57 | 386 | Chapter 2.9. Review of County Contracts | |
58 | 387 | Sec. 1. This chapter only applies to a county not having a | |
59 | 388 | consolidated city. | |
60 | 389 | Sec. 2. The definitions in IC 36-2-2.8 apply to this chapter. | |
61 | 390 | Sec. 3. As used in this chapter, "county officer" means the | |
62 | 391 | following: | |
63 | 392 | (1) Assessor. | |
64 | 393 | (2) Auditor. | |
65 | 394 | (3) Coroner. | |
395 | + | EH 1158—LS 6424/DI 137 10 | |
66 | 396 | (4) Recorder. | |
67 | 397 | (5) Sheriff. | |
68 | 398 | (6) Surveyor. | |
69 | 399 | (7) Treasurer. | |
70 | 400 | (8) Clerk of the circuit court. | |
71 | 401 | (9) County fiscal body. | |
72 | 402 | Sec. 4. (a) If a county officer has a proposed contract: | |
73 | 403 | (1) that the county officer believes is necessary for the county | |
74 | 404 | officer to carry out a constitutional or statutory duty of office; | |
75 | 405 | and | |
76 | 406 | (2) for which funds have been appropriated by the county | |
77 | 407 | fiscal body to pay for the contract; | |
78 | - | the county officer must have the county executive execute the | |
79 | - | contract or submit the contract for review under this chapter. | |
80 | - | HEA 1158 — Concur 3 | |
408 | + | the county officer must submit the contract for review under this | |
409 | + | chapter. | |
81 | 410 | (b) The county executive may void a contract that a county | |
82 | 411 | officer executes without first complying with this chapter. | |
83 | 412 | Sec. 5. To initiate a contract review, the county officer must | |
84 | 413 | submit to the county auditor the following: | |
85 | 414 | (1) A request for review. | |
86 | 415 | (2) A copy of the proposed contract. The contract must | |
87 | 416 | comply with IC 36-2-2.8, including using the standard terms | |
88 | 417 | required by ordinance under IC 36-2-2.8-5. | |
89 | 418 | The county auditor shall date stamp the request and immediately | |
90 | 419 | forward copies of the request and contract to the president of the | |
91 | 420 | county executive and county attorney. | |
92 | 421 | Sec. 6. Not later than twenty (20) days after the request is filed | |
93 | 422 | with the county auditor: | |
94 | 423 | (1) the county executive and county attorney shall review the | |
95 | 424 | proposed contract; and | |
96 | 425 | (2) the county executive shall notify the county officer of the | |
97 | 426 | results of the review. | |
98 | - | Sec. 7. (a) If the county attorney | |
99 | - | ||
427 | + | Sec. 7. (a) If the county attorney determines that the contract | |
428 | + | does not comply with: | |
100 | 429 | (1) state law; or | |
101 | 430 | (2) any applicable public purchasing or bidding laws; | |
102 | - | ||
103 | - | ||
431 | + | the contract is disapproved and may not be executed by the county | |
432 | + | officer. | |
104 | 433 | (b) The county attorney shall notify the county executive of the | |
105 | 434 | results of the review. | |
106 | 435 | Sec. 8. If the contract: | |
107 | 436 | (1) is not disapproved under section 7 of this chapter; and | |
108 | 437 | (2) the county executive finds the contract: | |
438 | + | EH 1158—LS 6424/DI 137 11 | |
109 | 439 | (A) complies with IC 36-2-2.8; and | |
110 | 440 | (B) is otherwise acceptable; | |
111 | 441 | the county executive may approve and authorize execution of the | |
112 | 442 | contract by the county officer or the county executive. | |
113 | 443 | Sec. 9. (a) If the county executive finds the contract: | |
114 | 444 | (1) does not comply with IC 36-2-2.8; or | |
115 | 445 | (2) is otherwise not acceptable for reasons other than those | |
116 | 446 | determined under section 7 of this chapter; | |
117 | 447 | the county executive must provide the county officer with a written | |
118 | 448 | statement described in subsection (b). | |
119 | 449 | (b) The county executive must provide a written statement as | |
120 | 450 | part of the notification of the review results under section 11 of this | |
121 | 451 | chapter that: | |
122 | 452 | (1) explains why the contract is not acceptable; and | |
123 | - | HEA 1158 — Concur 4 | |
124 | 453 | (2) provides recommendations, if any, for making the contract | |
125 | 454 | acceptable to the county executive. | |
126 | 455 | Sec. 10. The county executive has the responsibility of notifying | |
127 | 456 | the county officer of the results of the review conducted by the | |
128 | 457 | county attorney and the county executive. | |
129 | 458 | Sec. 11. If: | |
130 | 459 | (1) the review; and | |
131 | 460 | (2) the notification of the review results, including the written | |
132 | 461 | statement under section 9(b) of this chapter, if applicable; | |
133 | 462 | are not made within the time required under section 6 of this | |
134 | 463 | chapter, the contract shall be considered acceptable and the county | |
135 | 464 | officer may execute the contract. | |
136 | 465 | Sec. 12. (a) This section only applies to a contract that: | |
137 | - | (1) the county | |
138 | - | ||
466 | + | (1) the county attorney does not disapprove under section 7 of | |
467 | + | this chapter; and | |
139 | 468 | (2) is found to be unacceptable by the county executive under | |
140 | 469 | section 9 of this chapter. | |
141 | 470 | (b) The county officer may do the following: | |
142 | 471 | (1) Revise the contract and file a new request for review | |
143 | 472 | under this chapter. | |
144 | 473 | (2) Execute the contract, if the county officer determines the | |
145 | 474 | contract complies with IC 36-2-2.8. | |
146 | 475 | Sec. 13. (a) A county officer must submit the contract to the | |
147 | 476 | county auditor not more than ten (10) days after the contract is | |
148 | 477 | executed. | |
149 | 478 | (b) A contract that is executed by a county officer: | |
150 | 479 | (1) under section 12(b)(2); and | |
151 | 480 | (2) submitted to the county auditor more than ten (10) days | |
481 | + | EH 1158—LS 6424/DI 137 12 | |
152 | 482 | after execution; | |
153 | - | is voidable by the county executive. | |
154 | - | Sec. 14. The county auditor shall upload a contract submitted | |
483 | + | is voidable by the county executive.". | |
484 | + | Page 3, delete lines 1 through 31, begin a new paragraph and insert: | |
485 | + | "Sec. 14. The county auditor shall upload a contract submitted | |
155 | 486 | under section 13 of this chapter to the Indiana transparency | |
156 | - | website. | |
157 | - | HEA 1158 — Concur Speaker of the House of Representatives | |
158 | - | President of the Senate | |
159 | - | President Pro Tempore | |
160 | - | Governor of the State of Indiana | |
161 | - | Date: Time: | |
162 | - | HEA 1158 — Concur | |
487 | + | website under IC 5-14-3.8-3.". | |
488 | + | Renumber all SECTIONS consecutively. | |
489 | + | and when so amended that said bill do pass. | |
490 | + | (Reference is to HB 1158 as reprinted January 19, 2024.) | |
491 | + | BUCK, Chairperson | |
492 | + | Committee Vote: Yeas 10, Nays 0. | |
493 | + | _____ | |
494 | + | SENATE MOTION | |
495 | + | Madam President: I move that Engrossed House Bill 1158 be | |
496 | + | amended to read as follows: | |
497 | + | Page 4, line 35, delete "under IC 5-14-3.8-3." and insert ".". | |
498 | + | (Reference is to EHB 1158 as printed February 23, 2024.) | |
499 | + | HOLDMAN | |
500 | + | _____ | |
501 | + | SENATE MOTION | |
502 | + | Madam President: I move that Engrossed House Bill 1158 be | |
503 | + | amended to read as follows: | |
504 | + | Page 2, between lines 18 and 19, begin a new paragraph and insert: | |
505 | + | "Sec. 6. In addition to the county executive's authority under | |
506 | + | IC 36-2-2.9 to approve contracts, the county executive may adopt | |
507 | + | an ordinance to delegate additional authority to approve contracts | |
508 | + | to other county officers and employees.". | |
509 | + | Page 3, line 1, after "must" insert "have the county executive | |
510 | + | execute the contract or". | |
511 | + | Page 3, line 20, delete "determines" and insert "advises the county | |
512 | + | executive". | |
513 | + | Page 3, line 24, delete "the contract is disapproved and" and insert | |
514 | + | EH 1158—LS 6424/DI 137 13 | |
515 | + | "the county executive may disapprove the contract and the | |
516 | + | contract". | |
517 | + | Page 4, line 16, delete "attorney" and insert "executive". | |
518 | + | (Reference is to EHB 1158 as printed February 23, 2024.) | |
519 | + | HOLDMAN | |
520 | + | EH 1158—LS 6424/DI 137 |