*SB0129.1* January 17, 2024 SENATE BILL No. 129 _____ DIGEST OF SB 129 (Updated January 13, 2024 4:49 pm - DI 87) Citations Affected: IC 5-2. Synopsis: Police officer basic training cost reimbursement. Provides that a county, city, or town (excluding a town with a town marshal department) is entitled to reimbursement of police officer employment and training costs from a county, city, or town (excluding a town with a town marshal department) that subsequently hires the police officer less than three years after police officer's completion of the law enforcement basic training course. Effective: July 1, 2024. Byrne, Niemeyer, Dernulc, Tomes January 8, 2024, read first time and referred to Committee on Local Government. January 16, 2024, amended, reported favorably — Do Pass. SB 129—LS 6422/DI 87 January 17, 2024 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. SENATE BILL No. 129 A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 5-2-1.5 IS ADDED TO THE INDIANA CODE AS 2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 3 1, 2024]: 4 Chapter 1.5. Reimbursement for Police Officer Training 5 Sec. 1. This chapter does not affect, modify, or amend a 6 collective bargaining agreement or employment agreement or 7 contract executed or renewed before July 1, 2024. 8 Sec. 2. This chapter supersedes any ordinance, resolution, rule, 9 or policy of a unit that conflicts with this chapter. 10 Sec. 3. (a) This chapter applies if: 11 (1) an individual is employed by a unit as a police officer; 12 (2) the individual is subsequently hired by a different unit as 13 a police officer; and 14 (3) the subsequent hiring occurs less than three (3) years after 15 the date the individual successfully completed the basic 16 training course. 17 (b) The subsequently hiring unit must reimburse the SB 129—LS 6422/DI 87 2 1 immediately preceding employing unit for any eligible costs of 2 hiring and training of the individual as determined under section 3 12 of this chapter. 4 Sec. 4. As used in this chapter, "basic training course" means 5 the minimum basic training and educational requirements adopted 6 by the law enforcement training board under IC 5-2-1-9 as 7 necessary for employment as a law enforcement officer. 8 Sec. 5. As used in this chapter, "eligible costs" means the costs 9 incurred by the first employer in hiring and training a police 10 officer for a period of up to one (1) year after the date the officer 11 completes the basic training course. The term only includes the 12 following: 13 (1) Any qualifying examinations administered to hire the 14 police officer. 15 (2) Any basic training course fees. 16 (3) Any supplies and equipment provided to the police officer 17 that cannot be reused. 18 (4) The first year of the police officer's base salary. 19 (5) Any benefits provided during the first year of the police 20 officer's employment. 21 Sec. 6. As used in this chapter, "first employer" means the unit 22 that incurs eligible costs in the hiring and training of a police 23 officer. 24 Sec. 7. As used in this chapter, "police officer" means an 25 individual employed as a county, city, or town regular police 26 officer. However, the term does not include a town marshal or 27 deputy town marshal. 28 Sec. 8. As used in this chapter, "subsequent employer" means 29 a unit that employs an individual as a police officer after the 30 individual leaves the employment of the police officer's 31 immediately preceding employer. 32 Sec. 9. As used in this chapter, "unit" means a county, city, or 33 town. 34 Sec. 10. Eligible costs are not reimbursable under this chapter 35 three (3) years after the date a police officer successfully completes 36 the basic training course. 37 Sec. 11. Reimbursements shall be made according to the 38 following procedure: 39 (1) The subsequent employer shall notify the police officer's 40 immediately preceding employer of the police officer's hiring 41 not later than ten (10) days after the police officer's hire date. 42 (2) Not later than thirty (30) days after receiving a SB 129—LS 6422/DI 87 3 1 notification under subdivision (1), the police officer's 2 immediately preceding employer shall certify the amount of 3 its claim for reimbursement as determined under section 12 4 of this chapter to the subsequent employer. If the immediately 5 preceding employer is the first employer, the certified claim 6 shall be accompanied by an itemized statement of the eligible 7 costs. 8 (3) The subsequent employer shall, not later than one hundred 9 twenty (120) days after receipt of the certification under 10 subdivision (2), reimburse the police officer's immediately 11 preceding employer the amount claimed under subdivision 12 (2). 13 Sec. 12. The amount of reimbursable eligible costs is determined 14 as follows: 15 (1) If a police officer is hired by the subsequent employer not 16 more than one (1) year after the police officer successfully 17 completes the basic training course, one hundred percent 18 (100%) of the amount of eligible costs is reimbursable to the 19 immediately preceding employer. 20 (2) If a police officer is hired by the subsequent employer: 21 (A) more than one (1) year; and 22 (B) less than two (2) years; 23 after the police officer successfully completes the basic 24 training course, sixty-six percent (66%) of the amount of 25 eligible costs is reimbursable to the immediately preceding 26 employer. 27 (3) If a police officer is hired by the subsequent employer: 28 (A) at least two (2) years; and 29 (B) less than three (3) years; 30 after the police officer successfully completes the basic 31 training course, thirty-three percent (33%) of the amount of 32 eligible costs is reimbursable to the immediately preceding 33 employer. 34 Sec. 13. This section applies if the immediately preceding 35 employer is not the first employer. The immediately preceding 36 employer: 37 (1) may only submit a claim for reimbursement in the amount 38 of the first employer's eligible costs with the adjustment, if 39 any, required under section 12 of this chapter; and 40 (2) may not claim reimbursement for any additional costs 41 incurred by the immediately preceding employer in the 42 employment and training of the police officer. SB 129—LS 6422/DI 87 4 1 Sec. 14. A first employer or subsequent employer may not 2 require a police officer as a condition of employment to reimburse: 3 (1) the first employer; or 4 (2) any subsequent employer; 5 for the police officer's eligible costs under this chapter. SB 129—LS 6422/DI 87 5 COMMITTEE REPORT Madam President: The Senate Committee on Local Government, to which was referred Senate Bill No. 129, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows: Page 1, between lines 9 and 10, begin a new paragraph and insert: "Sec. 3. (a) This chapter applies if: (1) an individual is employed by a unit as a police officer; (2) the individual is subsequently hired by a different unit as a police officer; and (3) the subsequent hiring occurs less than three (3) years after the date the individual successfully completed the basic training course. (b) The subsequently hiring unit must reimburse the immediately preceding employing unit for any eligible costs of hiring and training of the individual as determined under section 12 of this chapter.". Page 1, line 10, delete "3." and insert "4.". Page 1, line 14, delete "4." and insert "5.". Page 2, line 10, delete "5." and insert "6.". Page 2, line 13, delete "6." and insert "7.". Page 2, line 17, delete "7." and insert "8.". Page 2, line 21, delete "8." and insert "9.". Page 2, line 23, delete "9." and insert "10.". Page 2, delete lines 26 through 31. and when so amended that said bill do pass. (Reference is to SB 129 as introduced.) BUCK, Chairperson Committee Vote: Yeas 10, Nays 0. SB 129—LS 6422/DI 87