Indiana 2025 Regular Session

Indiana House Bill HB1429 Latest Draft

Bill / Introduced Version Filed 01/14/2025

                             
Introduced Version
HOUSE BILL No. 1429
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 5-8.5.
Synopsis:  Ethics training for local officials. Requires an elected
county, city, town, or township officer (officer) to complete a two hour
ethics training course (training course) every two years. Specifies
training course requirements. Requires the office of the attorney
general, in coordination with the state board of accounts (SBOA) and
the public access counselor, to develop an online training course not
later than February 1, 2026. Requires the training course to be made
available for viewing on the SBOA website. Allows a third party to
provide a training course, if the course is approved by the office of the
attorney general. Requires an officer to certify to the SBOA that the
officer has completed a training course. Requires the SBOA to publish
on its website: (1) a list of all officers who have submitted a training
certification; and (2) lists of all training certifications submitted for
previous years.
Effective:  July 1, 2025.
Dant Chesser, Hamilton, Clere
January 21, 2025, read first time and referred to Committee on Local Government.
2025	IN 1429—LS 7560/DI 87 Introduced
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1429
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-8.5 IS ADDED TO THE INDIANA CODE AS A
2 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
3 2025]:
4 ARTICLE 8.5. LOCAL OFFICER ETHICS TRAINING
5 Chapter 1. Definitions
6 Sec. 1. The definitions in this chapter apply throughout this
7 article.
8 Sec. 2. "City office" means the following:
9 (1) Mayor.
10 (2) Clerk or clerk-treasurer.
11 (3) City-county council member or common council member.
12 The term includes an individual who assumes and holds an elected
13 office of a reorganized political subdivision to which the
14 responsibilities of a city office have been transferred in the plan of
15 reorganization under IC 36-1.5.
16 Sec. 3. "County office" means the following:
17 (1) County assessor.
2025	IN 1429—LS 7560/DI 87 2
1 (2) County auditor.
2 (3) County coroner.
3 (4) County recorder.
4 (5) County sheriff.
5 (6) County surveyor.
6 (7) County treasurer.
7 (8) Clerk of the circuit court.
8 (9) County executive.
9 (10) County fiscal body.
10 The term includes an individual who assumes and holds an elected
11 office of a reorganized political subdivision to which the
12 responsibilities of a county office have been transferred in the plan
13 of reorganization under IC 36-1.5.
14 Sec. 4. (a) "Officer" means an individual who assumes and holds
15 a county, city, town, or township office by any of the following:
16 (1) Election.
17 (2) Selection to fill a vacancy.
18 (3) Holding over under Article 15, Section 3 of the
19 Constitution of the State of Indiana.
20 (b) The term includes an individual who assumes and holds an
21 elected office:
22 (1) for a political subdivision that has reorganized under
23 IC 36-1.5; and
24 (2) to which the responsibilities of a county, city, town, or
25 township office have been transferred in the plan of
26 reorganization.
27 Sec. 5. "Town office" means the following:
28 (1) Clerk-treasurer.
29 (2) Town council member.
30 The term includes an individual who assumes and holds an elected
31 office of a reorganized political subdivision to which the
32 responsibilities of a town office have been transferred in the plan
33 of reorganization under IC 36-1.5.
34 Sec. 6. "Township office" means the following:
35 (1) Township assessor (only in a township referred to in
36 IC 36-6-5-1(d)).
37 (2) Township trustee.
38 (3) Township board member.
39 (4) Constable of the small claims court.
40 The term includes an individual who assumes and holds an elected
41 office of a reorganized political subdivision to which the
42 responsibilities of a township office have been transferred in the
2025	IN 1429—LS 7560/DI 87 3
1 plan of reorganization under IC 36-1.5.
2 Sec. 7. "Training course" means the ethics training course
3 required under IC 5-8.5-2-1.
4 Chapter 2. Ethics Training Course Requirements
5 Sec. 1. An officer shall complete a two (2) hour training course
6 once every two (2) years.
7 Sec. 2. A training course must include discussion of the
8 following topics:
9 (1) Laws concerning personal financial gain by public
10 servants, including:
11 (A) official misconduct (IC 35-44.1-1-1);
12 (B) bribery (IC 35-44.1-1-2);
13 (C) ghost employment (IC 35-44.1-1-3);
14 (D) profiteering from public service (IC 35-44.1-1-5); and
15 (E) dual lucrative office (Article 2, Section 9 of the
16 Constitution of the State of Indiana).
17 (2) Laws concerning fair processes, including:
18 (A) conflict of interest (IC 35-44.1-1-4);
19 (B) nepotism (IC 36-1-20.2); and
20 (C) contracting with a unit (IC 36-1-21).
21 (3) Laws concerning government transparency, including:
22 (A) public meetings (IC 5-14-1.5); and
23 (B) access to public records (IC 5-14-3).
24 Sec. 3. A training course must include instruction regarding the
25 penalties imposed for violation of the law.
26 Sec. 4. A training course may not require an individual to take
27 a test.
28 Chapter 3. Training Course Development
29 Sec. 1. Not later than February 1, 2026, the office of the attorney
30 general, in coordination with:
31 (1) the public access counselor; and
32 (2) the state board of accounts;
33 shall develop an online training course and course materials that
34 satisfy the requirements of this article.
35 Sec. 2. The training course and training course materials shall
36 be made available on the website of the state board of accounts.
37 Chapter 4. Third Party Ethics Training Courses
38 Sec. 1. An officer may satisfy the requirement under
39 IC 5-8.5-2-1 by completing a training course that is:
40 (1) developed and provided by a third party; and
41 (2) approved by the office of the attorney general.
42 The attorney general may coordinate with the state board of
2025	IN 1429—LS 7560/DI 87 4
1 accounts and the public access counselor to review and approve
2 portions of the training course that are within the agency's
3 expertise.
4 Sec. 2. A training course:
5 (1) shall include the matters set forth in IC 5-8.5-2; and
6 (2) may address ethics policies and ordinances of a unit or
7 office.
8 Sec. 3. (a) A training course may be provided in person or
9 online.
10 (b) A training course that is presented live, whether in person or
11 online, must be presented by an attorney licensed to practice law
12 in Indiana.
13 (c) All online training courses and course materials must be
14 prepared under the supervision of an attorney licensed to practice
15 law in Indiana.
16 Chapter 5. Training Certification Deadlines
17 Sec. 1. An officer holding a county, city, town, or township office
18 on January 1, 2026, shall complete an approved training course
19 and make the certification required under IC 5-8.5-6 not later
20 than:
21 (1) December 31, 2027; and
22 (2) December 31, 2029, if the person still holds the office.
23 Sec. 2. Except as provided in section 3 of this chapter, an
24 individual who assumes and holds a county, city, town, or township
25 office after January 1, 2026, shall complete an approved training
26 course and make the certification required under IC 5-8.5-6 not
27 later than:
28 (1) December 31 of the year the individual assumes office; and
29 (2) December 31 of every second year thereafter, while the
30 person holds the office.
31 Sec. 3. An individual first elected to a county, city, town, or
32 township office after January 1, 2026, shall complete an approved
33 training course before the individual first takes the office and shall
34 make the certification under IC 5-8.5-6 not later than:
35 (1) December 31 following the election; and
36 (2) December 31 of every second year thereafter, while the
37 person holds the office.
38 Chapter 6. Certification
39 Sec. 1. On a form created by the state board of accounts, an
40 officer shall certify both of the following:
41 (1) The date that the officer received the training required by
42 this article.
2025	IN 1429—LS 7560/DI 87 5
1 (2) The entity that provided the training.
2 Sec. 2. The officer shall file the certification with the state board
3 of accounts as provided in IC 5-8.5-5.
4 Sec. 3. An officer's certification is a public record and subject to
5 disclosure under IC 5-14-3.
6 Chapter 7. Compliance List
7 Sec. 1. Not later than January 15 of a year, the state board of
8 accounts shall publish on the state board of accounts' website a list
9 of officers who have submitted a certification by December 31 of
10 the immediately preceding year.
11 Sec. 2. The state board of accounts shall publish and maintain
12 the lists under section 1 of this chapter on the state board of
13 accounts' website for the current year and all previous years.
14 Sec. 3. The state board of accounts' website shall note
15 prominently on the website that officers are required by law to
16 complete an ethics training course every two (2) years.
2025	IN 1429—LS 7560/DI 87