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Indiana Senate Bill SB0129

Indiana 2024 Regular Session

Indiana Senate Bill SB0129 Compare Versions

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1-*SB0129.2*
2-Reprinted
3-January 24, 2024
1+*SB0129.1*
2+January 17, 2024
43 SENATE BILL No. 129
54 _____
6-DIGEST OF SB 129 (Updated January 23, 2024 3:05 pm - DI 87)
5+DIGEST OF SB 129 (Updated January 13, 2024 4:49 pm - DI 87)
76 Citations Affected: IC 5-2.
8-Synopsis: Police officer employment and training cost reimbursement.
9-Allows a county, city, or town (unit) to be reimbursed for some or all
10-of a police officer's employment and training costs from a unit that
11-subsequently employs the police officer less than three years after
12-police officer completes the law enforcement basic training course.
13-Provides that "police officer" does not include a town marshal or town
14-marshal deputy. Provides that if any unit does not claim reimbursement
15-from a subsequent employing unit, any reimbursement right is
16-terminated. Requires a subsequent employer to notify the police officer
17-in writing if the previous employer did or did not submit a claim for
18-reimbursement. Requires a written notification be provided to a police
19-officer before hiring that informs the officer of the employer's right to
20-obtain reimbursement from a subsequent employer.
7+Synopsis: Police officer basic training cost reimbursement. Provides
8+that a county, city, or town (excluding a town with a town marshal
9+department) is entitled to reimbursement of police officer employment
10+and training costs from a county, city, or town (excluding a town with
11+a town marshal department) that subsequently hires the police officer
12+less than three years after police officer's completion of the law
13+enforcement basic training course.
2114 Effective: July 1, 2024.
22-Byrne, Niemeyer, Dernulc, Tomes,
23-Randolph Lonnie M, Alexander
15+Byrne, Niemeyer, Dernulc, Tomes
2416 January 8, 2024, read first time and referred to Committee on Local Government.
2517 January 16, 2024, amended, reported favorably — Do Pass.
26-January 23, 2024, read second time, amended, ordered engrossed.
27-SB 129—LS 6422/DI 87 Reprinted
28-January 24, 2024
18+SB 129—LS 6422/DI 87 January 17, 2024
2919 Second Regular Session of the 123rd General Assembly (2024)
3020 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3121 Constitution) is being amended, the text of the existing provision will appear in this style type,
3222 additions will appear in this style type, and deletions will appear in this style type.
3323 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3424 provision adopted), the text of the new provision will appear in this style type. Also, the
3525 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3626 a new provision to the Indiana Code or the Indiana Constitution.
3727 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3828 between statutes enacted by the 2023 Regular Session of the General Assembly.
3929 SENATE BILL No. 129
4030 A BILL FOR AN ACT to amend the Indiana Code concerning state
4131 and local administration.
4232 Be it enacted by the General Assembly of the State of Indiana:
4333 1 SECTION 1. IC 5-2-1.5 IS ADDED TO THE INDIANA CODE AS
4434 2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
4535 3 1, 2024]:
4636 4 Chapter 1.5. Reimbursement for Police Officer Training
4737 5 Sec. 1. This chapter does not affect, modify, or amend a
4838 6 collective bargaining agreement or employment agreement or
4939 7 contract executed or renewed before July 1, 2024.
5040 8 Sec. 2. This chapter supersedes any ordinance, resolution, rule,
5141 9 or policy of a unit that conflicts with this chapter.
52-10 Sec. 3. This chapter applies if:
53-11 (1) an individual is employed by a unit as a police officer after
54-12 June 30, 2024;
55-13 (2) the individual is subsequently hired by a different unit as
56-14 a police officer; and
57-15 (3) the subsequent hiring occurs less than three (3) years after
58-16 the date the individual successfully completed the basic
59-17 training course.
42+10 Sec. 3. (a) This chapter applies if:
43+11 (1) an individual is employed by a unit as a police officer;
44+12 (2) the individual is subsequently hired by a different unit as
45+13 a police officer; and
46+14 (3) the subsequent hiring occurs less than three (3) years after
47+15 the date the individual successfully completed the basic
48+16 training course.
49+17 (b) The subsequently hiring unit must reimburse the
6050 SB 129—LS 6422/DI 87 2
61-1 Sec. 4. As used in this chapter, "basic training course" means
62-2 the minimum basic training and educational requirements adopted
63-3 by the law enforcement training board under IC 5-2-1-9 as
64-4 necessary for employment as a law enforcement officer.
65-5 Sec. 5. As used in this chapter, "eligible costs" means the costs
66-6 incurred by the first employer in hiring and training a police
67-7 officer. The term only includes the following:
68-8 (1) Any qualifying examinations administered to hire the
69-9 police officer.
70-10 (2) Any basic training course fees.
71-(3) Any supplies and equipment that:11
72-(A) cannot be reused; and12
73-13 (B) were provided to the police officer not later than one
74-14 (1) year after the date the officer completed the basic
75-training course.15
76-(4) The base salary paid to the police officer as follows:16
77-17 (A) If the police officer was employed at least one (1) year
78-18 by the first employer, the base salary paid during the first
79-19 year of employment.
80-20 (B) If the police officer was employed less than one (1) year
81-21 by the first employer, the base salary paid during the
82-period of employment.22
83-(5) Any benefits provided to the police officer as follows:23
84-24 (A) If the police officer was employed at least one (1) year
85-25 by the first employer, the benefits provided during the first
86-26 year of employment.
87-27 (B) If the police officer was employed less than one (1) year
88-28 by the first employer, the benefits paid during the period
89-29 of employment.
90-30 Sec. 6. As used in this chapter, "first employer" means the unit
91-31 that incurs eligible costs in the hiring and training of a police
92-32 officer.
93-33 Sec. 7. As used in this chapter, "police officer" means an
94-34 individual employed as a county, city, or town regular police
95-35 officer. However, the term does not include a town marshal or
96-36 deputy town marshal.
97-37 Sec. 8. As used in this chapter, "subsequent employer" means
98-38 a unit that employs an individual as a police officer after the
99-39 individual leaves the employment of the police officer's
100-40 immediately preceding employer.
101-41 Sec. 9. As used in this chapter, "unit" means a county, city, or
102-42 town. However, the term does not include a town that has a town
51+1 immediately preceding employing unit for any eligible costs of
52+2 hiring and training of the individual as determined under section
53+3 12 of this chapter.
54+4 Sec. 4. As used in this chapter, "basic training course" means
55+5 the minimum basic training and educational requirements adopted
56+6 by the law enforcement training board under IC 5-2-1-9 as
57+7 necessary for employment as a law enforcement officer.
58+8 Sec. 5. As used in this chapter, "eligible costs" means the costs
59+9 incurred by the first employer in hiring and training a police
60+10 officer for a period of up to one (1) year after the date the officer
61+11 completes the basic training course. The term only includes the
62+12 following:
63+13 (1) Any qualifying examinations administered to hire the
64+14 police officer.
65+15 (2) Any basic training course fees.
66+16 (3) Any supplies and equipment provided to the police officer
67+17 that cannot be reused.
68+18 (4) The first year of the police officer's base salary.
69+19 (5) Any benefits provided during the first year of the police
70+20 officer's employment.
71+21 Sec. 6. As used in this chapter, "first employer" means the unit
72+22 that incurs eligible costs in the hiring and training of a police
73+23 officer.
74+24 Sec. 7. As used in this chapter, "police officer" means an
75+25 individual employed as a county, city, or town regular police
76+26 officer. However, the term does not include a town marshal or
77+27 deputy town marshal.
78+28 Sec. 8. As used in this chapter, "subsequent employer" means
79+29 a unit that employs an individual as a police officer after the
80+30 individual leaves the employment of the police officer's
81+31 immediately preceding employer.
82+32 Sec. 9. As used in this chapter, "unit" means a county, city, or
83+33 town.
84+34 Sec. 10. Eligible costs are not reimbursable under this chapter
85+35 three (3) years after the date a police officer successfully completes
86+36 the basic training course.
87+37 Sec. 11. Reimbursements shall be made according to the
88+38 following procedure:
89+39 (1) The subsequent employer shall notify the police officer's
90+40 immediately preceding employer of the police officer's hiring
91+41 not later than ten (10) days after the police officer's hire date.
92+42 (2) Not later than thirty (30) days after receiving a
10393 SB 129—LS 6422/DI 87 3
104-1 marshal department.
105-2 Sec. 10. An immediately preceding employer under section 3(1)
106-3 of this chapter may obtain reimbursement of the eligible costs of
107-4 hiring and training a police officer from the subsequent employer
108-5 under section 3(2) of this chapter, unless the right of
109-6 reimbursement has terminated as provided in section 11 of this
110-7 chapter.
111-8 Sec. 11. (a) Notwithstanding any other provision of this chapter,
112-9 the right of any employer to be reimbursed for eligible costs
113-10 terminates upon the earlier of the following occurrences:
114-11 (1) An immediately preceding employer does not submit a
115-12 certified claim for reimbursement of the police officer's
116-13 eligible costs within the time set forth in section 12(2) of this
117-14 chapter.
118-15 (2) Three (3) years after the date the police officer successfully
119-16 completes the basic training course.
120-17 (b) The subsequent employer shall provide written notification
121-18 to a police officer that the immediately preceding employer:
122-19 (1) has filed a claim for reimbursement; or
123-20 (2) has not filed a claim for reimbursement;
124-21 of eligible costs under section 12(2) of this chapter.
125-22 Sec. 12. Reimbursements shall be made according to the
126-23 following procedure:
127-24 (1) The subsequent employer shall notify the police officer's
128-25 immediately preceding employer in writing of the police
129-26 officer's hiring not later than ten (10) days after the police
130-27 officer's hire date.
131-28 (2) Not later than thirty (30) days after receiving a
132-29 notification under subdivision (1), the police officer's
133-30 immediately preceding employer may certify the amount of its
134-31 claim for reimbursement as determined under section 13 of
135-32 this chapter to the subsequent employer. If the immediately
136-33 preceding employer is the first employer, the certified claim
137-34 shall be accompanied by an itemized statement of the eligible
138-35 costs.
139-36 (3) The subsequent employer shall, not later than one hundred
140-37 twenty (120) days after receipt of the certification under
141-38 subdivision (2), reimburse the police officer's immediately
142-39 preceding employer the amount claimed under subdivision
143-40 (2).
144-41 Sec. 13. The amount of reimbursable eligible costs is determined
145-42 as follows:
94+1 notification under subdivision (1), the police officer's
95+2 immediately preceding employer shall certify the amount of
96+3 its claim for reimbursement as determined under section 12
97+4 of this chapter to the subsequent employer. If the immediately
98+5 preceding employer is the first employer, the certified claim
99+6 shall be accompanied by an itemized statement of the eligible
100+7 costs.
101+8 (3) The subsequent employer shall, not later than one hundred
102+9 twenty (120) days after receipt of the certification under
103+10 subdivision (2), reimburse the police officer's immediately
104+11 preceding employer the amount claimed under subdivision
105+12 (2).
106+13 Sec. 12. The amount of reimbursable eligible costs is determined
107+14 as follows:
108+15 (1) If a police officer is hired by the subsequent employer not
109+16 more than one (1) year after the police officer successfully
110+17 completes the basic training course, one hundred percent
111+18 (100%) of the amount of eligible costs is reimbursable to the
112+19 immediately preceding employer.
113+20 (2) If a police officer is hired by the subsequent employer:
114+21 (A) more than one (1) year; and
115+22 (B) less than two (2) years;
116+23 after the police officer successfully completes the basic
117+24 training course, sixty-six percent (66%) of the amount of
118+25 eligible costs is reimbursable to the immediately preceding
119+26 employer.
120+27 (3) If a police officer is hired by the subsequent employer:
121+28 (A) at least two (2) years; and
122+29 (B) less than three (3) years;
123+30 after the police officer successfully completes the basic
124+31 training course, thirty-three percent (33%) of the amount of
125+32 eligible costs is reimbursable to the immediately preceding
126+33 employer.
127+34 Sec. 13. This section applies if the immediately preceding
128+35 employer is not the first employer. The immediately preceding
129+36 employer:
130+37 (1) may only submit a claim for reimbursement in the amount
131+38 of the first employer's eligible costs with the adjustment, if
132+39 any, required under section 12 of this chapter; and
133+40 (2) may not claim reimbursement for any additional costs
134+41 incurred by the immediately preceding employer in the
135+42 employment and training of the police officer.
146136 SB 129—LS 6422/DI 87 4
147-1 (1) If a police officer is hired by the subsequent employer not
148-2 more than one (1) year after the police officer successfully
149-3 completes the basic training course, one hundred percent
150-4 (100%) of the amount of eligible costs is reimbursable to the
151-5 immediately preceding employer.
152-6 (2) If a police officer is hired by the subsequent employer:
153-7 (A) more than one (1) year; and
154-8 (B) less than two (2) years;
155-9 after the police officer successfully completes the basic
156-10 training course, sixty-six percent (66%) of the amount of
157-11 eligible costs is reimbursable to the immediately preceding
158-12 employer.
159-13 (3) If a police officer is hired by the subsequent employer:
160-14 (A) at least two (2) years; and
161-15 (B) less than three (3) years;
162-16 after the police officer successfully completes the basic
163-17 training course, thirty-three percent (33%) of the amount of
164-18 eligible costs is reimbursable to the immediately preceding
165-19 employer.
166-20 Sec. 14. This section applies if the immediately preceding
167-21 employer is not the first employer. The immediately preceding
168-22 employer:
169-23 (1) may only submit a claim for reimbursement in the amount
170-24 of the first employer's eligible costs with the adjustment, if
171-25 any, required under section 13 of this chapter; and
172-26 (2) may not claim reimbursement for any additional costs
173-27 incurred by the immediately preceding employer in the
174-28 employment and training of the police officer.
175-29 Sec. 15. A first employer or subsequent employer may not
176-30 require a police officer as a condition of employment to reimburse:
177-31 (1) the first employer; or
178-32 (2) any subsequent employer;
179-33 for the police officer's eligible costs under this chapter.
180-34 Sec. 16. (a) This section does not apply to the hiring of a police
181-35 officer that occurs at least three (3) years after the police officer
182-36 completes the basic training course.
183-37 (b) Before a first employer or subsequent employer may hire a
184-38 police officer, the employer must provide to the police officer a
185-39 written notice that provides at least the following information:
186-40 (1) A statement that for a period of three (3) years after the
187-41 police officer completes the basic training course, whenever
188-42 the officer is hired by another county, city, or town police
137+1 Sec. 14. A first employer or subsequent employer may not
138+2 require a police officer as a condition of employment to reimburse:
139+3 (1) the first employer; or
140+4 (2) any subsequent employer;
141+5 for the police officer's eligible costs under this chapter.
189142 SB 129—LS 6422/DI 87 5
190-1 department (except for a town marshal department), the
191-2 hiring police department must reimburse the previous
192-3 employing police department for some or all of the police
193-4 officer's hiring and training costs, salary, and benefits
194-5 ("eligible costs"), if the previous employing police department
195-6 submits a claim for reimbursement to the hiring police
196-7 department.
197-8 (2) A statement that the total amount of eligible costs that are
198-9 reimbursable during the three (3) year period is fixed at the
199-10 costs that were incurred within the first year of the officer's
200-11 employment.
201-12 (3) A statement that the total amount of eligible costs that the
202-13 hiring police department must reimburse is reduced to:
203-14 (A) sixty-six percent (66%) on the one (1) year anniversary
204-15 date;
205-16 (B) thirty-three percent (33%) on the two (2) year
206-17 anniversary date; and
207-18 (C) zero (0) on the three (3) year anniversary date;
208-19 of the officer completing the basic training course.
209-20 (4) A statement that if any previous employing police
210-21 department does not file a claim for reimbursement with the
211-22 hiring police department within the time specified by law, the
212-23 previous employing police department and any future
213-24 employing police department loses their right to any
214-25 reimbursement. The law requires the hiring police
215-26 department to notify the police officer in writing, regarding
216-27 whether the previous employing police department has filed
217-28 a timely claim for reimbursement.
218-29 (5) A statement that the police officer:
219-30 (A) has no liability to reimburse any police department for
220-31 the eligible costs; and
221-32 (B) may not be required as a condition of employment by
222-33 any police department to agree to reimburse the police
223-34 department for any eligible costs or reimbursement for
224-35 eligible costs paid by the police department.
225-36 (c) The notice must be signed and dated on a date before the
226-37 police officer's hiring date, by the employer or employer's agent
227-38 and the police officer.
228-SB 129—LS 6422/DI 87 6
229143 COMMITTEE REPORT
230144 Madam President: The Senate Committee on Local Government, to
231145 which was referred Senate Bill No. 129, has had the same under
232146 consideration and begs leave to report the same back to the Senate with
233147 the recommendation that said bill be AMENDED as follows:
234148 Page 1, between lines 9 and 10, begin a new paragraph and insert:
235149 "Sec. 3. (a) This chapter applies if:
236150 (1) an individual is employed by a unit as a police officer;
237151 (2) the individual is subsequently hired by a different unit as
238152 a police officer; and
239153 (3) the subsequent hiring occurs less than three (3) years after
240154 the date the individual successfully completed the basic
241155 training course.
242156 (b) The subsequently hiring unit must reimburse the
243157 immediately preceding employing unit for any eligible costs of
244158 hiring and training of the individual as determined under section
245159 12 of this chapter.".
246160 Page 1, line 10, delete "3." and insert "4.".
247161 Page 1, line 14, delete "4." and insert "5.".
248162 Page 2, line 10, delete "5." and insert "6.".
249163 Page 2, line 13, delete "6." and insert "7.".
250164 Page 2, line 17, delete "7." and insert "8.".
251165 Page 2, line 21, delete "8." and insert "9.".
252166 Page 2, line 23, delete "9." and insert "10.".
253167 Page 2, delete lines 26 through 31.
254168 and when so amended that said bill do pass.
255169 (Reference is to SB 129 as introduced.)
256170 BUCK, Chairperson
257171 Committee Vote: Yeas 10, Nays 0.
258-_____
259-SENATE MOTION
260-Madam President: I move that Senate Bill 129 be amended to read
261-as follows:
262-Page 1, line 10, delete "(a)".
263-Page 1, line 11, delete "officer;" and insert "officer after June 30,
264-2024;".
265-SB 129—LS 6422/DI 87 7
266-Page 1, delete line 17.
267-Page 2, delete lines 1 through 3.
268-Page 2, line 10, delete "for a period of up to one (1) year after the
269-date the officer" and insert ".".
270-Page 2, line 11, delete "completes the basic training course.".
271-Page 2, delete lines 16 through 20, begin a new line block indented
272-and insert:
273-"(3) Any supplies and equipment that:
274-(A) cannot be reused; and
275-(B) were provided to the police officer not later than one
276-(1) year after the date the officer completed the basic
277-training course.
278-(4) The base salary paid to the police officer as follows:
279-(A) If the police officer was employed at least one (1) year
280-by the first employer, the base salary paid during the first
281-year of employment.
282-(B) If the police officer was employed less than one (1) year
283-by the first employer, the base salary paid during the
284-period of employment.
285-(5) Any benefits provided to the police officer as follows:
286-(A) If the police officer was employed at least one (1) year
287-by the first employer, the benefits provided during the first
288-year of employment.
289-(B) If the police officer was employed less than one (1) year
290-by the first employer, the benefits paid during the period
291-of employment.".
292-Page 2, line 33, after "town." insert "However, the term does not
293-include a town that has a town marshal department.".
294-Page 2, delete lines 34 through 36, begin a new paragraph and
295-insert:
296-"Sec. 10. An immediately preceding employer under section 3(1)
297-of this chapter may obtain reimbursement of the eligible costs of
298-hiring and training a police officer from the subsequent employer
299-under section 3(2) of this chapter, unless the right of
300-reimbursement has terminated as provided in section 11 of this
301-chapter.
302-Sec. 11. (a) Notwithstanding any other provision of this chapter,
303-the right of any employer to be reimbursed for eligible costs
304-terminates upon the earlier of the following occurrences:
305-(1) An immediately preceding employer does not submit a
306-certified claim for reimbursement of the police officer's
307-eligible costs within the time set forth in section 12(2) of this
308-SB 129—LS 6422/DI 87 8
309-chapter.
310-(2) Three (3) years after the date the police officer successfully
311-completes the basic training course.
312-(b) The subsequent employer shall provide written notification
313-to a police officer that the immediately preceding employer:
314-(1) has filed a claim for reimbursement; or
315-(2) has not filed a claim for reimbursement;
316-of eligible costs under section 12(2) of this chapter.".
317-Page 2, line 37, delete "11." and insert "12.".
318-Page 2, line 40, after "employer" insert "in writing".
319-Page 3, line 2, delete "shall" and insert "may".
320-Page 3, line 3, delete "12" and insert "13".
321-Page 3, line 13, delete "12." and insert "13.".
322-Page 3, line 34, delete "13." and insert "14.".
323-Page 3, line 39, delete "12" and insert "13".
324-Page 4, line 1, delete "14." and insert "15.".
325-Page 4, after line 5, begin a new paragraph and insert:
326-"Sec. 16. (a) This section does not apply to the hiring of a police
327-officer that occurs at least three (3) years after the police officer
328-completes the basic training course.
329-(b) Before a first employer or subsequent employer may hire a
330-police officer, the employer must provide to the police officer a
331-written notice that provides at least the following information:
332-(1) A statement that for a period of three (3) years after the
333-police officer completes the basic training course, whenever
334-the officer is hired by another county, city, or town police
335-department (except for a town marshal department), the
336-hiring police department must reimburse the previous
337-employing police department for some or all of the police
338-officer's hiring and training costs, salary, and benefits
339-("eligible costs"), if the previous employing police department
340-submits a claim for reimbursement to the hiring police
341-department.
342-(2) A statement that the total amount of eligible costs that are
343-reimbursable during the three (3) year period is fixed at the
344-costs that were incurred within the first year of the officer's
345-employment.
346-(3) A statement that the total amount of eligible costs that the
347-hiring police department must reimburse is reduced to:
348-(A) sixty-six percent (66%) on the one (1) year anniversary
349-date;
350-(B) thirty-three percent (33%) on the two (2) year
351-SB 129—LS 6422/DI 87 9
352-anniversary date; and
353-(C) zero (0) on the three (3) year anniversary date;
354-of the officer completing the basic training course.
355-(4) A statement that if any previous employing police
356-department does not file a claim for reimbursement with the
357-hiring police department within the time specified by law, the
358-previous employing police department and any future
359-employing police department loses their right to any
360-reimbursement. The law requires the hiring police
361-department to notify the police officer in writing, regarding
362-whether the previous employing police department has filed
363-a timely claim for reimbursement.
364-(5) A statement that the police officer:
365-(A) has no liability to reimburse any police department for
366-the eligible costs; and
367-(B) may not be required as a condition of employment by
368-any police department to agree to reimburse the police
369-department for any eligible costs or reimbursement for
370-eligible costs paid by the police department.
371-(c) The notice must be signed and dated on a date before the
372-police officer's hiring date, by the employer or employer's agent
373-and the police officer.".
374-(Reference is to SB 129 as printed January 17, 2024.)
375-BYRNE
376172 SB 129—LS 6422/DI 87