Reprinted

April 3, 2013





ENGROSSED

HOUSE BILL No. 1333

_____


DIGEST OF HB 1333 (Updated April 2, 2013 2:41 pm - DI 73)



Citations Affected: IC 5-11; IC 33-32; IC 36-2.

Synopsis: County officials' training. Provides that county treasurers, county auditors, county recorders, circuit court clerks, and county surveyors (county offices) may attend the required county officer training courses after being elected to office (currently they are required to take the training after taking office). Provides that the county elected officials training fund (fund) supplements appropriations from the county general fund for payment of the expenses of the training courses. Adds circuit court clerks to the county officials whose training may be paid for by money in the fund. Provides that a training course that an individual completes after being elected to a county office and before the individual begins serving in office, applies toward the training requirements. Provides that an individual that holds a county office must fulfill the training requirements for each term to which the individual was elected to the office. Requires an
(Continued next page)

Effective: July 1, 2013.





Mayfield , Lucas
(SENATE SPONSORS _ BRAY, RANDOLPH)




    January 17, 2013, read first time and referred to Committee on Local Government.
    February 4, 2013, amended, reported _ Do Pass.
    February 7, 2013, read second time, ordered engrossed. Engrossed.
    February 11, 2013, read third time, passed. Yeas 71, nays 25.

SENATE ACTION

    February 25, 2013, read first time and referred to Committee on Local Government.
    March 28, 2013, amended, reported favorably _ Do Pass.
    April 2, 2013, read second time, amended, ordered engrossed.





Digest Continued

individual elected to the office of county surveyor on or after June 30, 2013, to complete at least: (1)15 hours of training courses within one year; and (2) 40 hours of training courses within three years; after the individual is elected or appointed to that office. (Current law: (1) exempts an actively registered land surveyor, a graduate of an accredited land surveying curriculum, or a land surveyor-in-training elected to the office of county surveyor from the training requirements; and (2) requires an individual elected to the office of county surveyor who is not exempted to complete 24 hours of training within two years after beginning the surveyor's term). Provides that educational courses regarding land surveying that are taken by a county surveyor who is an actively registered land surveyor count toward the training requirement. Provides that an individual who is appointed to fill a vacancy in one of these county offices may take the training courses but is not required to do so. Provides that if an individual appointed to fill a vacancy in one of these county offices takes a training course, the county is required to pay for the expenses of the training course as if that individual had been elected to the office. Specifies that the state board of accounts has authority to set standards and procedures for internal control systems for any local government entity that is required to submit financial reports to the state board of accounts. (Current law establishes this authority for internal control systems of counties, cities, towns, and townships.) Resolves a technical conflict with SEA 85 (the technical corrections bill).



Reprinted

April 3, 2013

First Regular Session 118th General Assembly (2013)


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 2012 Regular Session of the General Assembly.

    

ENGROSSED

HOUSE BILL No. 1333



    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:

SOURCE: IC 5-11-1-27; (13)EH1333.2.1. -->     SECTION 1. IC 5-11-1-27, AS ADDED BY P.L.117-2011, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 27. (a) As used in this section, "local government" means the following:
        (1) A
county.
         (2) A city.
         (3) A town. or
         (4) A township.
         (5) A municipality not described in subdivisions (1) through (4).
        (6) Any other local governmental unit, entity, or instrumentality that is required to submit a financial report under section 4 of this chapter.

    (b) In the compliance guidelines authorized under section 24 of this chapter, the state board of accounts shall define the acceptable minimum level of:
        (1) internal control standards; and
        (2) internal control procedures;
for internal control systems of local governments. The internal control standards and procedures shall be developed to promote government accountability and transparency.
    (c) All erroneous or irregular variances, losses, shortages, or thefts of local government funds or property shall be reported immediately to the state board of accounts. The state board of accounts shall:
        (1) determine the amount of funds involved and report the amount to the appropriate government and law enforcement officials;
        (2) determine the internal control weakness that contributed to or caused the condition; and
        (3) make written recommendations to the appropriate legislative body or appropriate official overseeing the internal control system addressing:
            (A) the method of correcting the condition; and
            (B) the necessary internal control policies and internal control procedures that must be modified to prevent a recurrence of the condition.
    (d) The legislative body or the appropriate official overseeing the internal control system shall immediately implement the policies and procedures recommended by the state board of accounts under subsection (c)(3)(B).
SOURCE: IC 33-32-2-9; (13)EH1333.2.2. -->     SECTION 2. IC 33-32-2-9, AS ADDED BY P.L.45-2010, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. (a) As used in this section, "training courses" refers to training courses related to the office of circuit court clerk that are compiled or developed by the Association of Indiana Counties and approved by the state board of accounts.
    (b) An individual elected to the office of circuit court clerk after November 2, 2010, shall complete at least:
        (1) fifteen (15) hours of training courses within one (1) year; and
        (2) forty (40) hours of training courses within three (3) years;
after beginning the individual's term as circuit court clerk. the individual is elected to the office of circuit court clerk.
    (c) A training course that an individual completes:
        (1) after being elected to the office of circuit court clerk; and
        (2) before the individual begins serving in the office of circuit court clerk;
shall be counted toward the requirements under subsection (b).
    (d) An individual shall fulfill the training requirements established by subsection (b) for each term to which the individual is elected as circuit court clerk.
    (e) This subsection applies only to an individual appointed to fill a vacancy in the office of circuit court clerk. An individual described in this subsection may, but is not required to, take training courses required by subsection (b). If an individual described in this subsection takes a training course required by subsection (b) for an elected circuit court clerk, the county shall pay for the training course as if the individual had been an elected circuit court clerk.

SOURCE: IC 36-2-7-19; (13)EH1333.2.3. -->     SECTION 3. IC 36-2-7-19, AS AMENDED BY SEA 85-2013, SECTION 152, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 19. (a) As used in this section, "fund" refers to a county elected officials training fund established under subsection (b).
    (b) Each county legislative body shall before July 1, 2011, establish a county elected officials training fund to supplement appropriations that may come from the county general fund to provide training of elected officials. The county fiscal body shall appropriate money from the fund.
    (c) The fund consists of money deposited under IC 36-2-7.5-6(b)(3) and any other sources required or permitted by law. Money in the fund does not revert to the county general fund.
    (d) Money in the fund shall be used solely to provide training of county elected officials required by IC 33-32-2-9, IC 36-2-9-2.5, IC 36-2-9.5-2.5, IC 36-2-10-2.5, IC 36-2-11-2.5, and IC 36-2-12-2.5. and other similar laws.
SOURCE: IC 36-2-9-2.5; (13)EH1333.2.4. -->     SECTION 4. IC 36-2-9-2.5, AS ADDED BY P.L.120-2012, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2.5. (a) As used in this section, "training courses" refers to training courses related to the office of county auditor that are compiled or developed by the Association of Indiana Counties and approved by the state board of accounts.
    (b) An individual elected to the office of county auditor on or after November 6, 2012, shall complete at least:
        (1) fifteen (15) hours of training courses within one (1) year; and
        (2) forty (40) hours of training courses within three (3) years;
after beginning the county auditor's term. the individual is elected to the office of county auditor.
    (c) A training course that an individual completes:
        (1) after being elected to the office of county auditor; and
        (2) before the individual begins serving in the office of county auditor;
shall be counted toward the requirements under subsection (b).
    (d) An individual shall fulfill the training requirements established by subsection (b) for each term to which the individual is elected as county auditor.
    (e) This subsection applies only to an individual appointed to fill a vacancy in the office of county auditor. An individual described in this subsection may, but is not required to, take training courses required by subsection (b). If an individual described in this subsection takes a training course required by subsection (b) for an elected county auditor, the county shall pay for the training course as if the individual had been an elected county auditor.

SOURCE: IC 36-2-9.5-2.5; (13)EH1333.2.5. -->     SECTION 5. IC 36-2-9.5-2.5, AS ADDED BY P.L.120-2012, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2.5. (a) As used in this section, "training courses" refers to training courses related to the office of county auditor that are compiled or developed by the Association of Indiana Counties and approved by the state board of accounts.
    (b) An individual elected to the office of county auditor on or after November 6, 2012, shall complete at least:
        (1) fifteen (15) hours of training courses within one (1) year; and
        (2) forty (40) hours of training courses within three (3) years;
after beginning the county auditor's term. the individual is elected to the office of county auditor.
    (c) A training course that an individual completes:
        (1) after being elected to the office of county auditor; and
        (2) before the individual begins serving in the office of county auditor;
shall be counted toward the requirements under subsection (b).
    (d) An individual shall fulfill the training requirements established by subsection (b) for each term to which the individual is elected as county auditor.
    (e) This subsection applies only to an individual appointed to fill a vacancy in the office of county auditor. An individual described in this subsection may, but is not required to, take training courses required by subsection (b). If an individual described in this subsection takes a training course required by subsection (b) for an elected county auditor, the county shall pay for the training course as if the individual had been an elected county auditor.

SOURCE: IC 36-2-10-2.5; (13)EH1333.2.6. -->     SECTION 6. IC 36-2-10-2.5, AS ADDED BY P.L.120-2012, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2.5. (a) As used in this section, "training courses" refers to training courses related to the office of county treasurer that are compiled or developed by the Association of Indiana Counties and

approved by the state board of accounts.
    (b) An individual elected to the office of county treasurer on or after November 6, 2012, shall complete at least:
        (1) fifteen (15) hours of training courses within one (1) year; and
        (2) forty (40) hours of training courses within three (3) years;
after beginning the county treasurer's term. the individual is elected to the office of county treasurer.
    (c) A training course that the individual completes:
        (1) after being elected to the office of county treasurer; and
        (2) before the individual begins serving in the office of county treasurer;
shall be counted toward the requirements under subsection (b).
    (d) An individual shall fulfill the training requirements established by subsection (b) for each term to which the individual is elected as county treasurer.
    (e) This subsection applies only to an individual appointed to fill a vacancy in the office of county treasurer. An individual described in this subsection may, but is not required to, take any training courses required by subsection (b). If an individual described in this subsection takes a training course required by subsection (b) for an elected county treasurer, the county shall pay for the training course as if the individual had been an elected county treasurer.

SOURCE: IC 36-2-11-2.5; (13)EH1333.2.7. -->     SECTION 7. IC 36-2-11-2.5, AS ADDED BY P.L.171-2009, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2.5. (a) As used in this section, "training courses" refers to training courses related to the office of county recorder that are compiled or developed by the Association of Indiana Counties and approved by the state board of accounts.
    (b) An individual elected to the office of county recorder after November 4, 2008, shall complete at least:
        (1) fifteen (15) hours of training courses within one (1) year; and
        (2) forty (40) hours of training courses within three (3) years;
after beginning the county recorder's term. the individual is elected to the office of county recorder.
    (c) A training course that the individual completes:
        (1) after being elected to the office of county recorder; and
        (2) before the individual begins serving in the office of county recorder;
shall be counted toward the requirements under subsection (b).
    (d) An individual shall fulfill the training requirements established by subsection (b) for each term to which the individual

is elected as county recorder.
    (e) This subsection applies only to an individual appointed to fill a vacancy in the office of county recorder. An individual described in this subsection may, but is not required to, take any training courses required by subsection (b). If an individual described in this subsection takes a training course required by subsection (b) for an elected county recorder, the county shall pay for the training course as if the individual had been an elected county recorder.

SOURCE: IC 36-2-12-2.5; (13)EH1333.2.8. -->     SECTION 8. IC 36-2-12-2.5, AS AMENDED BY SEA 558-2013, SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2.5. (a) This section does not apply to an individual who is:
        (1) an actively registered professional surveyor;
        (2) a graduate of an accredited surveying curriculum; or
        (3) a surveyor intern (as defined in IC 25-21.5-1-9.7).
     (a) As used in this section, "training course" refers to:
        (1) a training course related to the office of county surveyor that is compiled or developed by the Association of Indiana Counties and approved by the state board of accounts; or
        (2) an educational course regarding land surveying that is taken by an individual who is:
            (A) serving in the office of county surveyor; and
            (B) an actively registered professional surveyor.

    (b) An individual elected to the office of county surveyor after June 30, 2009, but before July 1, 2013, shall, within two (2) years after beginning the county surveyor's term, complete at least twenty-four (24) hours of training courses. related to land surveying that are developed by the Association of Indiana Counties and approved by the state board of accounts.
    (c) An individual elected to the office of county surveyor after June 30, 2013, shall complete at least:
        (1) fifteen (15) hours of training courses within one (1) year; and
        (2) forty (40) hours of training courses within three (3) years;
after the individual is elected to the office of county surveyor.

     (d) A training course that an individual completes:
        (1) after being elected to the office of county surveyor; and
        (2) before that individual begins serving in the office of county surveyor;
shall be counted toward the requirements under subsection (c).

    (c) (e) An individual shall fulfill the training requirement established by subsection (b) (c) for each term the individual serves.
     (f) This subsection applies only to an individual appointed to fill a vacancy in the office of county surveyor. An individual described in this subsection may, but is not required to, take any training courses required by subsection (c). If an individual described in this subsection takes a training course required by subsection (c) for an elected county surveyor, the county shall pay for the training course as if the individual had been an elected county surveyor.