HB 1040 Indiana House · 2023 Regular Session

Requirements for elected officials.

Summary
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.
Bill status signed all 5 stages cleared
Introduction
Jan 2023
Committee Review
Mar 2023
House Passage
Apr 2023
Senate Passage
Apr 2023
Signed into Law
Apr 2023
Introduced Jan 9, 2023 Signed Apr 20, 2023
Floor votes · Senate Mar 30, 2023

How they voted

430
Passed · 5 other
Total votes 48
Mar 30, 2023
D Democratic10
9 Yea 1
90% Yea
R Republican38
34 Yea 4
89% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
28
Key actions
13
Committee
2
Amendments
4
Apr 20, 2023
Signed into law
Signed by the Governor
executive
Apr 18, 2023
Upper · Passed
Signed by the President of the Senate
upper
Apr 13, 2023
Upper · Passed
Signed by the President Pro Tempore
upper
Apr 11, 2023
Lower · Passed
Signed by the Speaker
lower
Apr 6, 2023
Lower · Passed
House concurred in Senate amendments; Roll Call 369: yeas 89, nays 0
lower
Mar 30, 2023
Upper · Passed
Third reading: passed; Roll Call 276: yeas 45, nays 0
upper
Mar 28, 2023
Upper · Passed
Amendment #4 (Bassler) prevailed; voice vote
upper
Mar 28, 2023
Upper · Passed
Amendment #3 (Bassler) prevailed; voice vote
upper
Mar 28, 2023
Upper · Passed
Amendment #1 (Bassler) prevailed; voice vote
upper
Mar 13, 2023
Upper · Passed
Committee report: do pass, adopted
upper
Jan 23, 2023
Lower · Passed
Third reading: passed; Roll Call 16: yeas 97, nays 0
lower
Jan 19, 2023
Lower · Passed
Amendment #1 (Lehman) prevailed; voice vote
lower
Jan 17, 2023
Lower · Passed
Committee report: amend do pass, adopted
lower
3 primary · 4 co-sponsors

Sponsors