Indiana House Bill 1040 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on April 20 2023 - 100% progression
Action: 2023-04-20 - Public Law 58
Text: Latest bill text (Enrolled) [PDF]

Requirements for elected officials. Provides that if an examination of an audited entity is unable to be performed because the audited entity's accounts, records, files, or reports are not properly maintained or reconciled, the entity may be declared unauditable. Requires an unauditable entity to bring its accounts, records, files, or reports into an auditable condition within 90 days. Requires the state board of accounts (SBOA) to publish a list of entities declared to be unauditable on the SBOA's website. Provides that if an entity is declared unauditable and the fiscal officer is unable to perform the fiscal requirements of their position, the entity is required to hire outside assistance for guidance or to perform the fiscal requirements. Clarifies an exception regarding the liability of an elected official for acts that constitute gross negligence or intentional disregard of the official's duties. Requires the SBOA to annually call a conference for: (1) city and town controllers and clerk-treasurers, newly appointed city and town controllers, and city and town clerk-treasurers elect; and (2) township trustees and township trustees elect. Provides that elected officials must attend training every two years and that the SBOA shall keep attendance of elected officials and publish it on the SBOA's website. Makes an exception for school corporation treasurer personal liability. Provides that if there is an office of town clerk-treasurer that is vacant, and the town legislative body is unable to fill the office, the town legislative body may either: (1) enter into a local agreement with the town clerk-treasurer and town legislative body of another town in the state to assist a selected town legislative body member in performing the duties of the clerk-treasurer's office; or (2) enter into a contract with a certified public accountant to assist the town legislative body member in performing the duties of the clerk-treasurer's office. (Current law provides that the town legislative body may only enter into a contract with a certified public accountant after the town legislative body is unable to reach an agreement with another town.) Provides that if, after reasonable diligence, a town may hire any qualified person to perform the duties of the clerk-treasurer's office until the vacancy can be filled, or until the end of the current clerk-treasurer's term, whichever is first. Provides that newly elected officials shall complete five hours of training before taking office. Provides that elected officials shall certify completion of training requirements to the SBOA annually. Excludes self-supporting school lunch and the rental or sale of curricular materials as programs that may be established as separate funds. Repeals obsolete provisions. Makes technical corrections.

Requirements for elected officials.

Rep. Matthew Lehman [R]	Rep. Gregory Porter [D]	Rep. Chris May [R]	Rep. Blake Johnson [D]
Sen. Eric Bassler [R]	Sen. Mike Gaskill [R]	Sen. J.D. Ford [D]

2023-04-06 - House - House - House concurred in Senate amendments (Y: 89 N: 0 NV: 1 Abs: 10) [PASS]
2023-03-30 - Senate - Senate - Third reading (Y: 45 N: 0 NV: 2 Abs: 3) [PASS]
2023-01-23 - House - House - Third reading (Y: 97 N: 0 NV: 1 Abs: 2) [PASS]

Date	Chamber	Action
2023-04-20	House	Public Law 58
2023-04-20	House	Signed by the Governor
2023-04-18	Senate	Signed by the President of the Senate
2023-04-13	Senate	Signed by the President Pro Tempore
2023-04-11	House	Signed by the Speaker
2023-04-06	House	House concurred in Senate amendments; Roll Call 369: yeas 89, nays 0
2023-04-04	House	Motion to concur filed
2023-03-31	Senate	Returned to the House with amendments
2023-03-30	Senate	Third reading: passed; Roll Call 276: yeas 45, nays 0
2023-03-28	Senate	Senator Gaskill added as second sponsor
2023-03-28	Senate	Second reading: amended, ordered engrossed
2023-03-28	Senate	Amendment #4 (Bassler) prevailed; voice vote
2023-03-28	Senate	Amendment #3 (Bassler) prevailed; voice vote
2023-03-28	Senate	Amendment #1 (Bassler) prevailed; voice vote
2023-03-14	Senate	Senator Ford J.D. added as cosponsor
2023-03-13	Senate	Committee report: do pass, adopted
2023-02-23	Senate	First reading: referred to Committee on Local Government
2023-01-24	House	Referred to the Senate
2023-01-23	House	Third reading: passed; Roll Call 16: yeas 97, nays 0
2023-01-23	House	Senate sponsor: Senator Bassler
2023-01-19	House	Second reading: amended, ordered engrossed
2023-01-19	House	Amendment #1 (Lehman) prevailed; voice vote
2023-01-17	House	Committee report: amend do pass, adopted
2023-01-12	House	Representative Johnson added as coauthor
2023-01-09	House	Representative May added as coauthor
2023-01-09	House	First reading: referred to Committee on Local Government
2023-01-09	House	Authored by Representative Lehman
2023-01-09	House	Coauthored by Representative Porter

Type	Source
Summary	https://iga.in.gov/legislative/2023/bills/house/1040/details
Text	https://iga.in.gov/legislative/2023/bills/house/1040/#1.INTR
Text	https://iga.in.gov/legislative/2023/bills/house/1040/#2.COMH
Text	https://iga.in.gov/legislative/2023/bills/house/1040/#3.ENGH
Text	https://iga.in.gov/legislative/2023/bills/house/1040/#4.COMS
Text	https://iga.in.gov/legislative/2023/bills/house/1040/#5.ENGS
Text	https://iga.in.gov/legislative/2023/bills/house/1040/#6.ENRS
Roll Call	https://iga.in.gov/legislative/2023/bills/house/1040/#H16
Roll Call	https://iga.in.gov/legislative/2023/bills/house/1040/#S276
Roll Call	https://iga.in.gov/legislative/2023/bills/house/1040/#H369