1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1370 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 5-14-3.8; IC 6-1.1-17-5.4. |
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7 | 7 | | Synopsis: Public contracts for local units. Provides that a political |
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8 | 8 | | subdivision must upload a digital copy of every contract entered into |
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9 | 9 | | after December 31, 2025, to the Indiana transparency website |
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10 | 10 | | (website). Changes the individual responsible for submitting a |
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11 | 11 | | statement attesting that a political subdivision uploaded a contract |
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12 | 12 | | entered into in the preceding year to the website from the executive of |
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13 | 13 | | the political subdivision to the fiscal officer of the political subdivision. |
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14 | 14 | | Requires the department of local government finance to develop and |
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15 | 15 | | implement an application programming interface that would allow a |
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16 | 16 | | political subdivision to upload multiple contracts at once directly from |
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17 | 17 | | the political subdivision's network to the website. |
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18 | 18 | | Effective: July 1, 2025. |
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19 | 19 | | Clere |
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20 | 20 | | January 13, 2025, read first time and referred to Committee on Government and Regulatory |
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21 | 21 | | Reform. |
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22 | 22 | | 2025 IN 1370—LS 7718/DI 137 Introduced |
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23 | 23 | | First Regular Session of the 124th General Assembly (2025) |
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24 | 24 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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25 | 25 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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26 | 26 | | additions will appear in this style type, and deletions will appear in this style type. |
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27 | 27 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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28 | 28 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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29 | 29 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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30 | 30 | | a new provision to the Indiana Code or the Indiana Constitution. |
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31 | 31 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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32 | 32 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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33 | 33 | | HOUSE BILL No. 1370 |
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34 | 34 | | A BILL FOR AN ACT to amend the Indiana Code concerning state |
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35 | 35 | | and local administration. |
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36 | 36 | | Be it enacted by the General Assembly of the State of Indiana: |
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37 | 37 | | 1 SECTION 1. IC 5-14-3.8-3.5, AS AMENDED BY P.L.156-2024, |
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38 | 38 | | 2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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39 | 39 | | 3 JULY 1, 2025]: Sec. 3.5. (a) This section applies only to contracts that |
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40 | 40 | | 4 a political subdivision that is a taxing unit (as defined in IC 6-1.1-1-21) |
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41 | 41 | | 5 enters into after June 30, 2016. |
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42 | 42 | | 6 (b) As used in this section, "contract" means a contract, agreement, |
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43 | 43 | | 7 or similar arrangement by any other name. The term includes all pages |
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44 | 44 | | 8 of a contract, any attachments to the contract, and any amendments, |
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45 | 45 | | 9 addendums, or extensions. |
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46 | 46 | | 10 (c) This subsection applies to a contract entered into before |
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47 | 47 | | 11 January 1, 2026. Subject to subsection (d), a political subdivision shall |
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48 | 48 | | 12 upload a digital copy of a contract to the Indiana transparency website |
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49 | 49 | | 13 one (1) time if the total cost of the contract to the political subdivision |
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50 | 50 | | 14 exceeds fifty thousand dollars ($50,000) during the term of the |
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51 | 51 | | 15 contract. This subsection applies to all contracts for any subject, |
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52 | 52 | | 16 purpose, or term, except that a political subdivision is not required to |
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53 | 53 | | 17 upload a copy of an employment contract between the political |
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54 | 54 | | 2025 IN 1370—LS 7718/DI 137 2 |
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55 | 55 | | 1 subdivision and an employee of the political subdivision. In the case of |
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56 | 56 | | 2 a collective bargaining agreement, the political subdivision shall |
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57 | 57 | | 3 upload a copy of the collective bargaining agreement and a copy of a |
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58 | 58 | | 4 blank or sample individual employment contract. A political |
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59 | 59 | | 5 subdivision shall upload the contract not later than sixty (60) days after |
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60 | 60 | | 6 the date the contract is executed. If a political subdivision enters into |
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61 | 61 | | 7 a contract that the political subdivision reasonably expects when |
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62 | 62 | | 8 entered into will not exceed fifty thousand dollars ($50,000) in cost to |
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63 | 63 | | 9 the political subdivision but at a later date determines or expects the |
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64 | 64 | | 10 contract to exceed fifty thousand dollars ($50,000) in cost to the |
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65 | 65 | | 11 political subdivision, the political subdivision shall upload a copy of |
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66 | 66 | | 12 the contract within sixty (60) days after the date on which the political |
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67 | 67 | | 13 subdivision makes the determination or realizes the expectation that the |
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68 | 68 | | 14 contract will exceed fifty thousand dollars ($50,000) in cost to the |
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69 | 69 | | 15 political subdivision. |
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70 | 70 | | 16 (d) This subsection applies to a contract entered into before |
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71 | 71 | | 17 January 1, 2026. The executive fiscal officer of a political subdivision |
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72 | 72 | | 18 shall upload a digital copy to the Indiana transparency website of any |
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73 | 73 | | 19 contract, regardless of the total cost, that is: |
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74 | 74 | | 20 (1) related to the provision of fire services or emergency medical |
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75 | 75 | | 21 services; or |
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76 | 76 | | 22 (2) entered into with another unit or entity that provides fire |
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77 | 77 | | 23 services or emergency medical services. |
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78 | 78 | | 24 A political subdivision shall upload the contract not later than sixty |
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79 | 79 | | 25 (60) days after the date the contract is executed. If a participating unit |
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80 | 80 | | 26 of a fire protection territory submits the agreement to establish the fire |
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81 | 81 | | 27 protection territory as required under this subsection, each of the |
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82 | 82 | | 28 participating units of the fire protection territory shall be considered to |
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83 | 83 | | 29 have complied with the requirements of this subsection. |
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84 | 84 | | 30 (e) The executive body of a political subdivision may, by ordinance |
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85 | 85 | | 31 or resolution, identify another an individual other than the fiscal |
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86 | 86 | | 32 officer of the political subdivision that is required to upload contracts |
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87 | 87 | | 33 as required under subsection (d) this section and complete the |
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88 | 88 | | 34 attestation required under IC 6-1.1-17-5.4. |
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89 | 89 | | 35 (f) Any ordinance or resolution adopted by the executive body of a |
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90 | 90 | | 36 political subdivision shall be submitted to the department of local |
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91 | 91 | | 37 government finance not later than five (5) days after the ordinance or |
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92 | 92 | | 38 resolution is passed. |
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93 | 93 | | 39 (g) Nothing in this section prohibits the political subdivision from |
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94 | 94 | | 40 withholding any information in the contract that the political |
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95 | 95 | | 41 subdivision shall or may withhold from disclosure under IC 5-14-3. A |
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96 | 96 | | 42 political subdivision may redact or obscure signatures on a contract. |
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97 | 97 | | 2025 IN 1370—LS 7718/DI 137 3 |
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98 | 98 | | 1 The political subdivision is solely responsible for redacting information |
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99 | 99 | | 2 in the contract. |
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100 | 100 | | 3 (h) This subsection applies to a contract entered into after |
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101 | 101 | | 4 December 31, 2025. A political subdivision shall upload a digital |
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102 | 102 | | 5 copy of a contract to the Indiana transparency website one (1) |
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103 | 103 | | 6 time. This subsection applies to all contracts for any subject, |
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104 | 104 | | 7 purpose, or term, except that a political subdivision is not required |
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105 | 105 | | 8 to upload a copy of an employment contract between the political |
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106 | 106 | | 9 subdivision and an employee of the political subdivision. In the case |
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107 | 107 | | 10 of a collective bargaining agreement, the political subdivision shall |
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108 | 108 | | 11 upload a copy of the collective bargaining agreement and a copy of |
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109 | 109 | | 12 a blank or sample individual employment contract. A political |
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110 | 110 | | 13 subdivision shall upload the contract not later than sixty (60) days |
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111 | 111 | | 14 after the date the contract is executed. |
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112 | 112 | | 15 SECTION 2. IC 5-14-3.8-10 IS ADDED TO THE INDIANA CODE |
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113 | 113 | | 16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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114 | 114 | | 17 1, 2025]: Sec. 10. Not later than December 31, 2025, the department |
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115 | 115 | | 18 shall develop and implement an application programming interface |
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116 | 116 | | 19 that would allow a political subdivision to upload multiple |
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117 | 117 | | 20 contracts at once directly from the political subdivision's network |
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118 | 118 | | 21 to the Indiana transparency website. |
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119 | 119 | | 22 SECTION 3. IC 6-1.1-17-5.4, AS ADDED BY P.L.156-2024, |
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120 | 120 | | 23 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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121 | 121 | | 24 JULY 1, 2025]: Sec. 5.4. (a) Not later than March 2 of each year, the |
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122 | 122 | | 25 executive fiscal officer of a political subdivision shall submit a |
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123 | 123 | | 26 statement to the department of local government finance attesting that |
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124 | 124 | | 27 the political subdivision uploaded any contract entered into during the |
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125 | 125 | | 28 immediately preceding year related to the provision of fire services or |
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126 | 126 | | 29 emergency medical services to the Indiana transparency website as |
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127 | 127 | | 30 required by IC 5-14-3.8-3.5(d). IC 5-14-3.8-3.5. |
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128 | 128 | | 31 (b) The department of local government finance may not approve |
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129 | 129 | | 32 the budget of a political subdivision or a supplemental appropriation |
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130 | 130 | | 33 for a political subdivision until the political subdivision files the |
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131 | 131 | | 34 attestation under subsection (a). |
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132 | 132 | | 2025 IN 1370—LS 7718/DI 137 |
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