1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1429 |
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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 5-8.5. |
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7 | 7 | | Synopsis: Ethics training for local officials. Requires an elected |
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8 | 8 | | county, city, town, or township officer (officer) to complete a two hour |
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9 | 9 | | ethics training course (training course) every two years. Specifies |
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10 | 10 | | training course requirements. Requires the office of the attorney |
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11 | 11 | | general, in coordination with the state board of accounts (SBOA) and |
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12 | 12 | | the public access counselor, to develop an online training course not |
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13 | 13 | | later than February 1, 2026. Requires the training course to be made |
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14 | 14 | | available for viewing on the SBOA website. Allows a third party to |
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15 | 15 | | provide a training course, if the course is approved by the office of the |
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16 | 16 | | attorney general. Requires an officer to certify to the SBOA that the |
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17 | 17 | | officer has completed a training course. Requires the SBOA to publish |
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18 | 18 | | on its website: (1) a list of all officers who have submitted a training |
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19 | 19 | | certification; and (2) lists of all training certifications submitted for |
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20 | 20 | | previous years. |
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21 | 21 | | Effective: July 1, 2025. |
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22 | 22 | | Dant Chesser, Hamilton, Clere |
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23 | 23 | | January 21, 2025, read first time and referred to Committee on Local Government. |
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24 | 24 | | 2025 IN 1429—LS 7560/DI 87 Introduced |
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25 | 25 | | First Regular Session of the 124th General Assembly (2025) |
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26 | 26 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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27 | 27 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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28 | 28 | | additions will appear in this style type, and deletions will appear in this style type. |
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29 | 29 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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30 | 30 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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31 | 31 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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32 | 32 | | a new provision to the Indiana Code or the Indiana Constitution. |
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33 | 33 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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34 | 34 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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35 | 35 | | HOUSE BILL No. 1429 |
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36 | 36 | | A BILL FOR AN ACT to amend the Indiana Code concerning local |
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37 | 37 | | government. |
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38 | 38 | | Be it enacted by the General Assembly of the State of Indiana: |
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39 | 39 | | 1 SECTION 1. IC 5-8.5 IS ADDED TO THE INDIANA CODE AS A |
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40 | 40 | | 2 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, |
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41 | 41 | | 3 2025]: |
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42 | 42 | | 4 ARTICLE 8.5. LOCAL OFFICER ETHICS TRAINING |
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43 | 43 | | 5 Chapter 1. Definitions |
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44 | 44 | | 6 Sec. 1. The definitions in this chapter apply throughout this |
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45 | 45 | | 7 article. |
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46 | 46 | | 8 Sec. 2. "City office" means the following: |
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47 | 47 | | 9 (1) Mayor. |
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48 | 48 | | 10 (2) Clerk or clerk-treasurer. |
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49 | 49 | | 11 (3) City-county council member or common council member. |
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50 | 50 | | 12 The term includes an individual who assumes and holds an elected |
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51 | 51 | | 13 office of a reorganized political subdivision to which the |
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52 | 52 | | 14 responsibilities of a city office have been transferred in the plan of |
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53 | 53 | | 15 reorganization under IC 36-1.5. |
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54 | 54 | | 16 Sec. 3. "County office" means the following: |
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55 | 55 | | 17 (1) County assessor. |
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56 | 56 | | 2025 IN 1429—LS 7560/DI 87 2 |
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57 | 57 | | 1 (2) County auditor. |
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58 | 58 | | 2 (3) County coroner. |
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59 | 59 | | 3 (4) County recorder. |
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60 | 60 | | 4 (5) County sheriff. |
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61 | 61 | | 5 (6) County surveyor. |
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62 | 62 | | 6 (7) County treasurer. |
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63 | 63 | | 7 (8) Clerk of the circuit court. |
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64 | 64 | | 8 (9) County executive. |
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65 | 65 | | 9 (10) County fiscal body. |
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66 | 66 | | 10 The term includes an individual who assumes and holds an elected |
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67 | 67 | | 11 office of a reorganized political subdivision to which the |
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68 | 68 | | 12 responsibilities of a county office have been transferred in the plan |
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69 | 69 | | 13 of reorganization under IC 36-1.5. |
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70 | 70 | | 14 Sec. 4. (a) "Officer" means an individual who assumes and holds |
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71 | 71 | | 15 a county, city, town, or township office by any of the following: |
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72 | 72 | | 16 (1) Election. |
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73 | 73 | | 17 (2) Selection to fill a vacancy. |
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74 | 74 | | 18 (3) Holding over under Article 15, Section 3 of the |
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75 | 75 | | 19 Constitution of the State of Indiana. |
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76 | 76 | | 20 (b) The term includes an individual who assumes and holds an |
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77 | 77 | | 21 elected office: |
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78 | 78 | | 22 (1) for a political subdivision that has reorganized under |
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79 | 79 | | 23 IC 36-1.5; and |
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80 | 80 | | 24 (2) to which the responsibilities of a county, city, town, or |
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81 | 81 | | 25 township office have been transferred in the plan of |
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82 | 82 | | 26 reorganization. |
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83 | 83 | | 27 Sec. 5. "Town office" means the following: |
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84 | 84 | | 28 (1) Clerk-treasurer. |
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85 | 85 | | 29 (2) Town council member. |
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86 | 86 | | 30 The term includes an individual who assumes and holds an elected |
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87 | 87 | | 31 office of a reorganized political subdivision to which the |
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88 | 88 | | 32 responsibilities of a town office have been transferred in the plan |
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89 | 89 | | 33 of reorganization under IC 36-1.5. |
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90 | 90 | | 34 Sec. 6. "Township office" means the following: |
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91 | 91 | | 35 (1) Township assessor (only in a township referred to in |
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92 | 92 | | 36 IC 36-6-5-1(d)). |
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93 | 93 | | 37 (2) Township trustee. |
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94 | 94 | | 38 (3) Township board member. |
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95 | 95 | | 39 (4) Constable of the small claims court. |
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96 | 96 | | 40 The term includes an individual who assumes and holds an elected |
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97 | 97 | | 41 office of a reorganized political subdivision to which the |
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98 | 98 | | 42 responsibilities of a township office have been transferred in the |
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99 | 99 | | 2025 IN 1429—LS 7560/DI 87 3 |
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100 | 100 | | 1 plan of reorganization under IC 36-1.5. |
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101 | 101 | | 2 Sec. 7. "Training course" means the ethics training course |
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102 | 102 | | 3 required under IC 5-8.5-2-1. |
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103 | 103 | | 4 Chapter 2. Ethics Training Course Requirements |
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104 | 104 | | 5 Sec. 1. An officer shall complete a two (2) hour training course |
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105 | 105 | | 6 once every two (2) years. |
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106 | 106 | | 7 Sec. 2. A training course must include discussion of the |
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107 | 107 | | 8 following topics: |
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108 | 108 | | 9 (1) Laws concerning personal financial gain by public |
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109 | 109 | | 10 servants, including: |
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110 | 110 | | 11 (A) official misconduct (IC 35-44.1-1-1); |
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111 | 111 | | 12 (B) bribery (IC 35-44.1-1-2); |
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112 | 112 | | 13 (C) ghost employment (IC 35-44.1-1-3); |
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113 | 113 | | 14 (D) profiteering from public service (IC 35-44.1-1-5); and |
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114 | 114 | | 15 (E) dual lucrative office (Article 2, Section 9 of the |
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115 | 115 | | 16 Constitution of the State of Indiana). |
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116 | 116 | | 17 (2) Laws concerning fair processes, including: |
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117 | 117 | | 18 (A) conflict of interest (IC 35-44.1-1-4); |
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118 | 118 | | 19 (B) nepotism (IC 36-1-20.2); and |
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119 | 119 | | 20 (C) contracting with a unit (IC 36-1-21). |
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120 | 120 | | 21 (3) Laws concerning government transparency, including: |
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121 | 121 | | 22 (A) public meetings (IC 5-14-1.5); and |
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122 | 122 | | 23 (B) access to public records (IC 5-14-3). |
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123 | 123 | | 24 Sec. 3. A training course must include instruction regarding the |
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124 | 124 | | 25 penalties imposed for violation of the law. |
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125 | 125 | | 26 Sec. 4. A training course may not require an individual to take |
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126 | 126 | | 27 a test. |
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127 | 127 | | 28 Chapter 3. Training Course Development |
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128 | 128 | | 29 Sec. 1. Not later than February 1, 2026, the office of the attorney |
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129 | 129 | | 30 general, in coordination with: |
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130 | 130 | | 31 (1) the public access counselor; and |
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131 | 131 | | 32 (2) the state board of accounts; |
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132 | 132 | | 33 shall develop an online training course and course materials that |
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133 | 133 | | 34 satisfy the requirements of this article. |
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134 | 134 | | 35 Sec. 2. The training course and training course materials shall |
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135 | 135 | | 36 be made available on the website of the state board of accounts. |
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136 | 136 | | 37 Chapter 4. Third Party Ethics Training Courses |
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137 | 137 | | 38 Sec. 1. An officer may satisfy the requirement under |
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138 | 138 | | 39 IC 5-8.5-2-1 by completing a training course that is: |
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139 | 139 | | 40 (1) developed and provided by a third party; and |
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140 | 140 | | 41 (2) approved by the office of the attorney general. |
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141 | 141 | | 42 The attorney general may coordinate with the state board of |
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142 | 142 | | 2025 IN 1429—LS 7560/DI 87 4 |
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143 | 143 | | 1 accounts and the public access counselor to review and approve |
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144 | 144 | | 2 portions of the training course that are within the agency's |
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145 | 145 | | 3 expertise. |
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146 | 146 | | 4 Sec. 2. A training course: |
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147 | 147 | | 5 (1) shall include the matters set forth in IC 5-8.5-2; and |
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148 | 148 | | 6 (2) may address ethics policies and ordinances of a unit or |
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149 | 149 | | 7 office. |
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150 | 150 | | 8 Sec. 3. (a) A training course may be provided in person or |
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151 | 151 | | 9 online. |
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152 | 152 | | 10 (b) A training course that is presented live, whether in person or |
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153 | 153 | | 11 online, must be presented by an attorney licensed to practice law |
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154 | 154 | | 12 in Indiana. |
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155 | 155 | | 13 (c) All online training courses and course materials must be |
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156 | 156 | | 14 prepared under the supervision of an attorney licensed to practice |
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157 | 157 | | 15 law in Indiana. |
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158 | 158 | | 16 Chapter 5. Training Certification Deadlines |
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159 | 159 | | 17 Sec. 1. An officer holding a county, city, town, or township office |
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160 | 160 | | 18 on January 1, 2026, shall complete an approved training course |
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161 | 161 | | 19 and make the certification required under IC 5-8.5-6 not later |
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162 | 162 | | 20 than: |
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163 | 163 | | 21 (1) December 31, 2027; and |
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164 | 164 | | 22 (2) December 31, 2029, if the person still holds the office. |
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165 | 165 | | 23 Sec. 2. Except as provided in section 3 of this chapter, an |
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166 | 166 | | 24 individual who assumes and holds a county, city, town, or township |
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167 | 167 | | 25 office after January 1, 2026, shall complete an approved training |
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168 | 168 | | 26 course and make the certification required under IC 5-8.5-6 not |
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169 | 169 | | 27 later than: |
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170 | 170 | | 28 (1) December 31 of the year the individual assumes office; and |
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171 | 171 | | 29 (2) December 31 of every second year thereafter, while the |
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172 | 172 | | 30 person holds the office. |
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173 | 173 | | 31 Sec. 3. An individual first elected to a county, city, town, or |
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174 | 174 | | 32 township office after January 1, 2026, shall complete an approved |
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175 | 175 | | 33 training course before the individual first takes the office and shall |
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176 | 176 | | 34 make the certification under IC 5-8.5-6 not later than: |
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177 | 177 | | 35 (1) December 31 following the election; and |
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178 | 178 | | 36 (2) December 31 of every second year thereafter, while the |
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179 | 179 | | 37 person holds the office. |
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180 | 180 | | 38 Chapter 6. Certification |
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181 | 181 | | 39 Sec. 1. On a form created by the state board of accounts, an |
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182 | 182 | | 40 officer shall certify both of the following: |
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183 | 183 | | 41 (1) The date that the officer received the training required by |
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184 | 184 | | 42 this article. |
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185 | 185 | | 2025 IN 1429—LS 7560/DI 87 5 |
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186 | 186 | | 1 (2) The entity that provided the training. |
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187 | 187 | | 2 Sec. 2. The officer shall file the certification with the state board |
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188 | 188 | | 3 of accounts as provided in IC 5-8.5-5. |
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189 | 189 | | 4 Sec. 3. An officer's certification is a public record and subject to |
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190 | 190 | | 5 disclosure under IC 5-14-3. |
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191 | 191 | | 6 Chapter 7. Compliance List |
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192 | 192 | | 7 Sec. 1. Not later than January 15 of a year, the state board of |
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193 | 193 | | 8 accounts shall publish on the state board of accounts' website a list |
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194 | 194 | | 9 of officers who have submitted a certification by December 31 of |
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195 | 195 | | 10 the immediately preceding year. |
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196 | 196 | | 11 Sec. 2. The state board of accounts shall publish and maintain |
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197 | 197 | | 12 the lists under section 1 of this chapter on the state board of |
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198 | 198 | | 13 accounts' website for the current year and all previous years. |
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199 | 199 | | 14 Sec. 3. The state board of accounts' website shall note |
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200 | 200 | | 15 prominently on the website that officers are required by law to |
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201 | 201 | | 16 complete an ethics training course every two (2) years. |
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202 | 202 | | 2025 IN 1429—LS 7560/DI 87 |
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