*SB0282.1*
January 24, 2025
SENATE BILL No. 282
_____
DIGEST OF SB 282 (Updated January 23, 2025 11:02 am - DI 140)
Citations Affected: IC 3-13; IC 5-9; IC 5-9.2.
Synopsis: Leaves of absence for local officeholders. Allows a local
officeholder to take a leave of absence from office when the local
officeholder: (1) is caring for a child after the birth of the child or
placement of the child with the local officeholder for adoption or foster
care; (2) is caring for a spouse, child, or parent who has a serious health
condition; (3) has a serious health condition and is unable to perform
the duties of the office; (4) is called into active duty in the armed forces
of the United States or national guard; and (5) is eligible for qualifying
exigency leave arising out of the fact that the local officeholder's
spouse, child, or parent is ordered into active duty in the armed forces
of the United States or national guard. Sets forth notice requirements.
Provides that the local officeholder's office must be filled by a
temporary appointment in the same manner as a vacancy created by a
resignation is filled. Makes corresponding changes.
Effective: July 1, 2025.
Byrne, Gaskill, Buck
January 13, 2025, read first time and referred to Committee on Local Government.
January 23, 2025, reported favorably — Do Pass.
SB 282—LS 6760/DI 141 January 24, 2025
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.
SENATE BILL No. 282
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 3-13-11-3, AS AMENDED BY P.L.278-2019,
2 SECTION 162, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) Except as provided in
4 subsections (b) and (e) and section 3.5 of this chapter, after a vacancy
5 occurs and not later than ten (10) days after a vacancy occurs in an
6 office subject to this chapter, the county chairman:
7 (1) of the county in which the greatest percentage of the
8 population of the election district of the office is located; and
9 (2) of the same political party that elected or selected the official
10 who vacated the office;
11 shall give notice of a caucus to all eligible precinct committeemen.
12 (b) A county chairman may give notice of a caucus before the time
13 specified under subsection (a) if a vacancy will exist because the
14 official has:
15 (1) submitted a written resignation under IC 5-8-3.5;
16 (2) been elected to another office; or
17 (3) submitted a notice under IC 5-9-4 or IC 5-9.2-2 to take a
SB 282—LS 6760/DI 141 2
1 leave of absence. for active duty in the armed forces or national
2 guard.
3 (c) Notwithstanding IC 5-8-4, a person may not withdraw the
4 person's resignation after the resignation has been accepted by the
5 person authorized to accept the resignation less than seventy-two (72)
6 hours before the announced starting time of a caucus under this section.
7 (d) Except as provided in subsections (e) and (f) and section 3.5 of
8 this chapter, a caucus under this section shall be held after giving
9 notice to caucus members under section 4 of this chapter and not later
10 than thirty (30) days after the vacancy occurs.
11 (e) If a vacancy exists in an office because of the death of the
12 officeholder, the caucus shall meet and select an individual to fill the
13 vacancy not later than thirty (30) days after the county chairman
14 receives notice of the death under IC 5-8-6. The county chairman shall
15 give notice to caucus members under section 4 of this chapter. The
16 county chairman may not give the notice required by section 4 of this
17 chapter until the county chairman receives notice of the death under
18 IC 5-8-6.
19 (f) If a person or entity that receives notice of a resignation under
20 IC 5-8-3.5-1(b) fails to provide timely notice of the resignation to the
21 person or entity with the power to fill the vacancy or call the caucus,
22 the person or entity with the power to fill the vacancy or call that
23 caucus:
24 (1) may immediately proceed to fill the vacancy or call the caucus
25 without prior receipt of the notice; and
26 (2) must do so not later than thirty (30) days after receiving the
27 notice from the person or entity that received the notice of
28 resignation.
29 SECTION 2. IC 5-9-4-1 IS AMENDED TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Except as provided in
31 subsection (b), this chapter applies to a person who:
32 (1) holds a state, legislative, or local or school board office (all as
33 defined in IC 3-5-2);
34 (2) is called into active duty in the:
35 (A) armed forces of the United States; or
36 (B) the national guard; and
37 (3) may not appoint a deputy under IC 5-6-2.
38 (b) This chapter does not apply to a local officeholder (as
39 defined in IC 5-9.2-1-4) who is subject to IC 5-9.2-2.
40 (b) (c) This chapter may not be applied in violation of Article 2,
41 Section 9 of the Constitution of the State of Indiana.
42 SECTION 3. IC 5-9-4-5 IS AMENDED TO READ AS FOLLOWS
SB 282—LS 6760/DI 141 3
1 [EFFECTIVE JULY 1, 2025]: Sec. 5. As used in this chapter,
2 "officeholder" refers to a person who holds a state, legislative, or local
3 or school board office (all as defined in IC 3-5-2).
4 SECTION 4. IC 5-9-4-7, AS AMENDED BY P.L.184-2023,
5 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]: Sec. 7. (a) Except as provided in subsection (b), or (c),
7 an officeholder who elects to take the leave of absence described in
8 section 6 of this chapter shall give written notice that the officeholder
9 is taking a leave of absence for military service to the person or entity
10 designated in IC 5-8-3.5-1 to receive a resignation for the office the
11 officeholder holds.
12 (b) An officeholder who is:
13 (1) a justice of the supreme court, a judge of the court of appeals,
14 or a judge of the tax court; or
15 (2) a judge of a circuit, city, probate, or superior court;
16 shall give the written notice required by subsection (a) to the clerk of
17 the supreme court.
18 (c) An officeholder who holds a school board office shall give the
19 written notice required by subsection (a) to the person or entity
20 designated in IC 20-25-3, IC 20-25-4, IC 20-25-5, IC 20-23-12.1,
21 IC 20-23-14, IC 20-23-15, IC 20-23-4, or IC 20-26 to receive a
22 resignation for the office the officeholder holds.
23 (d) (c) The written notice required by subsection (a) must state that
24 the officeholder is taking a leave of absence because the officeholder:
25 (1) has been called for active duty in:
26 (A) the armed forces of the United States; or
27 (B) the national guard; and
28 (2) will be temporarily unable to perform the duties of the
29 officeholder's office.
30 SECTION 5. IC 5-9-4-8, AS AMENDED BY P.L.184-2023,
31 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2025]: Sec. 8. (a) Except as provided in subsection (b) and
33 IC 36-5-6-9, during the officeholder's leave of absence, the
34 officeholder's office must be filled by a temporary appointment made
35 under:
36 (1) IC 3-13-4;
37 (2) IC 3-13-5;
38 (3) IC 3-13-6;
39 (4) IC 3-13-7;
40 (5) IC 3-13-8;
41 (6) IC 3-13-9;
42 (7) IC 3-13-10; or
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1 (8) IC 3-13-11;
2 (9) IC 20-23-4;
3 (10) IC 20-26;
4 (11) IC 20-23-12.1;
5 (12) IC 20-23-14;
6 (13) IC 20-23-15;
7 (14) IC 20-23-17;
8 (15) IC 20-23-17.2;
9 (16) IC 20-25-3;
10 (17) IC 20-25-4; or
11 (18) IC 20-25-5;
12 in the same manner as a vacancy created by a resignation is filled. A
13 temporary appointment may be made in accordance with the applicable
14 statute after the written notice required under section 7 of this chapter
15 has been filed.
16 (b) For an officeholder who:
17 (1) is:
18 (A) a justice of the supreme court, a judge of the court of
19 appeals, or a judge of the tax court; or
20 (B) a judge of a circuit, city, probate, or superior court; and
21 (2) is taking a leave of absence under this chapter;
22 the supreme court shall appoint a judge pro tempore to fill the
23 officeholder's office in accordance with the court's rules and
24 procedures.
25 (c) The person selected or appointed under subsection (a) or (b)
26 serves until the earlier of:
27 (1) the date the officeholder's leave of absence ends as provided
28 in section 10 of this chapter; or
29 (2) the officeholder's term of office expires.
30 (d) The person selected or appointed to an office under subsection
31 (a) or (b):
32 (1) assumes all the rights and duties of; and
33 (2) is entitled to the compensation established for;
34 the office for the period of the temporary appointment.
35 SECTION 6. IC 5-9-4-9 IS AMENDED TO READ AS FOLLOWS
36 [EFFECTIVE JULY 1, 2025]: Sec. 9. (a) Whenever the person or entity
37 that receives the written notice under section 7(a) or 7(c) of this chapter
38 has the power to fill a vacancy created by a resignation from the office
39 the officeholder holds, the person or entity shall make the temporary
40 appointment needed during the officeholder's leave of absence.
41 (b) Whenever the person or entity that receives the written notice
42 under section 7(a) or 7(c) of this chapter does not have the power to fill
SB 282—LS 6760/DI 141 5
1 a vacancy created by a resignation from the office the officeholder
2 holds, the person or entity shall, not later than seventy-two (72) hours
3 after receipt of the officeholder's notice, give written notice of the need
4 for a temporary appointment during the officeholder's leave of absence
5 to the person or entity who has the power to:
6 (1) fill a vacancy; or
7 (2) call a caucus under IC 3-13-11 for the purpose of filling a
8 vacancy;
9 created by a resignation from the office the officeholder holds.
10 (c) Whenever the clerk of the supreme court receives the written
11 notice under section 7(b) of this chapter, the clerk shall give notice of
12 the officeholder's leave of absence to the supreme court in accordance
13 with the court's rules and procedures.
14 SECTION 7. IC 5-9.2 IS ADDED TO THE INDIANA CODE AS A
15 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
16 2025]:
17 ARTICLE 9.2. LEAVES OF ABSENCE FOR
18 OFFICEHOLDERS
19 Chapter 1. Definitions
20 Sec. 1. The definitions in this chapter apply throughout this
21 article.
22 Sec. 2. "Armed forces of the United States" has the meaning set
23 forth in IC 5-9-4-3.
24 Sec. 3. "Child" means a biological child, adopted child, foster
25 child, stepchild, legal ward, or a child of a person standing in loco
26 parentis.
27 Sec. 4. "Local officeholder" means a person who holds any of
28 the following offices:
29 (1) County commissioner.
30 (2) County council.
31 (3) City council.
32 (4) Town council.
33 (5) Township board.
34 (6) School board.
35 Sec. 5. "National guard" has the meaning set forth in IC 5-9-4-4.
36 Sec. 6. "Parent" means the biological parent of a local
37 officeholder or an individual who stood in loco parentis to a local
38 officeholder when the local officeholder was a child.
39 Sec. 7. "Serious health condition" means an illness, injury,
40 impairment, or physical or mental condition that involves:
41 (1) inpatient care in a hospital, hospice, or residential medical
42 care facility; or
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1 (2) continuing treatment by a health care provider.
2 Chapter 2. Leaves of Absence for Local Officeholders
3 Sec. 1. This chapter may not be applied in violation of Article 2,
4 Section 9 of the Constitution of the State of Indiana.
5 Sec. 2. (a) A local officeholder is entitled to a leave of absence
6 from the local officeholder's office during the period when the local
7 officeholder:
8 (1) is caring for the child of the local officeholder if:
9 (A) the birth of the child; or
10 (B) placement of the child with the local officeholder for
11 adoption or foster care;
12 occurred not later than twelve (12) months before any portion
13 of the leave of absence is taken;
14 (2) is caring for the spouse, child, or parent of the local
15 officeholder if:
16 (A) the spouse, child, or parent has a serious health
17 condition; and
18 (B) in the case of a child, the child is:
19 (i) less than eighteen (18) years of age; or
20 (ii) at least eighteen (18) years of age and incapable of
21 self-care because of a mental or physical disability;
22 (3) has a serious health condition and is unable to perform the
23 duties of the local officeholder's office as a result of the
24 serious health condition;
25 (4) is called into active duty in the armed forces of the United
26 States or national guard; or
27 (5) is eligible for qualifying exigency leave under the federal
28 Family and Medical Leave Act of 1993 (29 U.S.C.
29 2612(a)(1)(E)), as amended and in effect on January 1, 2025,
30 arising out of the fact that the local officeholder's spouse,
31 child, or parent is ordered into active duty in the armed forces
32 of the United States or national guard.
33 (b) A local officeholder has not vacated the local officeholder's
34 office by taking a leave of absence described in subsection (a).
35 (c) The following apply to a local officeholder who takes a leave
36 of absence described in subsection (a):
37 (1) The local officeholder may not receive compensation for
38 the office during the leave of absence.
39 (2) If the local officeholder receives health care benefits
40 through a plan offered to the office, the local officeholder may
41 continue the health care benefits at the local officeholder's
42 expense during the leave of absence.
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1 Sec. 3. (a) A local officeholder who elects to take a leave of
2 absence under section 2 of this chapter shall give written notice
3 that the local officeholder is taking a leave of absence to the circuit
4 court clerk of the county containing the largest percentage of
5 population of the election district that the local officeholder
6 represents.
7 (b) The notice required by subsection (a) must state the:
8 (1) reason that the local officeholder is taking a leave of
9 absence; and
10 (2) date that the local officeholder's leave of absence will
11 begin.
12 Sec. 4. (a) During the local officeholder's leave of absence, the
13 local officeholder's office must be filled by a temporary
14 appointment made under:
15 (1) IC 3-13-7;
16 (2) IC 3-13-8;
17 (3) IC 3-13-9;
18 (4) IC 3-13-10;
19 (5) IC 3-13-11; or
20 (6) IC 20;
21 in the same manner as a vacancy created by a resignation is filled.
22 A temporary appointment may be made in accordance with the
23 applicable statute after the notice required under section 3 of this
24 chapter has been filed.
25 (b) The person selected or appointed under subsection (a) serves
26 until the earlier of the date the local officeholder's:
27 (1) leave of absence ends as provided in section 6 of this
28 chapter; or
29 (2) term of office expires.
30 (c) Except as provided in subsection (d), the person selected or
31 appointed to an office under subsection (a):
32 (1) assumes all the rights and duties of; and
33 (2) is entitled to the compensation established for;
34 the office for the period of the temporary appointment.
35 (d) The person selected or appointed to an office under
36 subsection (a) is not entitled to health care benefits that are
37 otherwise available for the office.
38 Sec. 5. The circuit court clerk who receives notice of a leave of
39 absence under section 3 of this chapter shall give written notice of
40 the vacancy:
41 (1) not later than seventy-two (72) hours after receipt of the
42 notice of the leave of absence, to the person or entity that has
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1 the power to fill the vacancy or call a caucus for the purpose
2 of filling the vacancy; and
3 (2) before the end of the next pay period after receipt of the
4 notice of the leave of absence, to the person or entity that pays
5 the compensation of the local officeholder.
6 Sec. 6. (a) A leave of absence under this chapter begins on the
7 date provided by the local officeholder in the notice under section
8 3 of this chapter and ends on the date the local officeholder
9 provides in the notice required by subsection (b).
10 (b) A local officeholder returning from a leave of absence under
11 this chapter shall give written notice that the local officeholder's
12 leave of absence has ended to the circuit court clerk of the county
13 containing the largest percentage of population of the election
14 district that the local officeholder represents.
15 (c) The circuit court clerk who receives the notice under
16 subsection (b) shall, not later than seventy-two (72) hours after
17 receipt of the local officeholder's notice, give written notice that the
18 local officeholder's leave of absence has ended to:
19 (1) the person temporarily appointed to the local
20 officeholder's office; and
21 (2) any person or entity that received the notice of vacancy
22 under section 5 of this chapter.
23 (d) On the date a local officeholder's leave of absence ends, as
24 determined under subsection (a), the local officeholder shall
25 resume the duties of the local officeholder's office for the
26 remainder of the term for which the local officeholder was elected.
27 Sec. 7. In the event that the local officeholder's term of office
28 expires during the local officeholder's leave of absence, the office
29 shall be filled as required by law.
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COMMITTEE REPORT
Mr. President: The Senate Committee on Local Government, to
which was referred Senate Bill No. 282, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill DO PASS.
(Reference is to SB 282 as introduced.)
BUCK, Chairperson
Committee Vote: Yeas 10, Nays 0
SB 282—LS 6760/DI 141