Law enforcement training cost reimbursement., the official text

First Regular Session of the 124th General Assembly (2025)

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between statutes enacted by the 2024 Regular Session of the General Assembly.

   SENATE ENROLLED ACT No. 95

   AN ACT to amend the Indiana Code concerning state and local
administration.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 5-2-1.5 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]:

   Chapter 1.5. Reimbursement of Law Enforcement Officer
Employment and Training Costs

   Sec. 1. This chapter does not:
      (1) affect, modify, or amend a collective bargaining agreement
      or employment agreement or contract executed or renewed
      before July 1, 2025; and
      (2) apply to the reimbursement of law enforcement
      employment and training costs by an individual under an
      employment contract entered into under IC 5-2-1.6.

   Sec. 2. A public employer that wants to obtain reimbursement
for costs incurred in employing and training a law enforcement
officer from another public employer must comply with this
chapter.

   Sec. 3. This chapter only applies to an individual who:
      (1) is hired by a public employer; and
      (2) successfully completes basic training;

after June 30, 2025.
   Sec. 4. As used in this chapter, "basic training" means the basic

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training (Tier 1 training) requirements established by the law
enforcement training board under IC 5-2-1-9(d).

   Sec. 5. As used in this chapter, "certification date" means the
date that an individual, upon completion of basic training, is
certified by the law enforcement training board created by
IC 5-2-1-3 to act as a law enforcement officer.

   Sec. 6. As used in this chapter, "claim" means a public
employer's claim for reimbursement of costs under this chapter.

   Sec. 7. As used in this chapter, "costs" means the following costs
incurred by the first public employer:

      (1) The cost of qualifying examinations administered in hiring
      the individual.
      (2) The individual's basic training course fees and costs.
      (3) Fees and costs for any specialized training provided to the
      individual not later than one (1) year after the individual's
      certification date.
      (4) Any supplies and equipment provided to the individual
      that:

         (A) cannot be reused; and
         (B) were provided to the individual not later than one (1)
         year after the individual's certification date.
      (5) The base salary and benefits provided to the individual
      during:
         (A) the first year of employment, if the individual was
         employed at least one (1) year by the first employer; or
         (B) the period of employment, if the individual was
         employed less than one (1) year by the first employer.
   Sec. 8. As used in this chapter, "first public employer" means
the public employer that employs an individual and incurs the costs
for an individual to become a law enforcement officer.
   Sec. 9. As used in this chapter, "public employer" means any of
the following that employ an individual to serve as a law
enforcement officer:
      (1) The state or a state agency, including a state educational
      institution.
      (2) A county, city, or town.
      (3) A school corporation or governing board of a charter
      school.
      (4) An airport authority.
      (5) A hospital licensed under IC 16-21-2 or health system that
      is:
         (A) a unit of state or local government; or

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         (B) owned or operated by a unit of state or local
         government.
   Sec. 10. (a) Except as provided in subsection (c), if an individual:
      (1) leaves a public employer by resigning; and
      (2) is hired by another public employer;
the public employer in subdivision (1) may claim reimbursement
of costs from the public employer in subdivision (2).
   (b) The amount of a public employer's claim is determined as
follows:
      (1) A first public employer's claim is equal to the product of
      the amount of the first public employer's costs, multiplied by
      the percentage determined under section 11 of this chapter.
      (2) Any other public employer's claim is equal to the product
      of the amount of the first public employer's costs, multiplied
      by the percentage determined under section 11 of this chapter.
   (c) The right of any public employer to make a claim terminates
if:
      (1) the public employer lays off or terminates the individual's
      employment for any reason; or
      (2) the public employer fails to make a claim that meets the
      requirements of this chapter:
         (A) within the time set forth in section 12(b) of this
         chapter; and
         (B) before three (3) years have elapsed after the
         individual's certification date.
If a public employer's right to make a claim is terminated, the right
of any subsequent public employer to make a claim under this
chapter is also terminated.
   Sec. 11. As provided in section 10(b) of this chapter, the amount
of a public employer's claim decreases over time as follows:
      (1) If the subsequent public employer hires an individual not
      more than one (1) year after the individual's certification
      date, one hundred percent (100%) of costs are reimbursable
      to the preceding public employer.
      (2) If the subsequent public employer hires an individual:
         (A) more than one (1) year; and
         (B) less than two (2) years;
      after the individual's certification date, sixty-six percent
      (66%) of costs are reimbursable to the preceding public
      employer.
      (3) If the subsequent public employer hires an individual:
         (A) at least two (2) years; and

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         (B) less than three (3) years;
      after the individual's certification date, thirty-three percent
      (33%) of costs are reimbursable to the preceding public
      employer.
   Sec. 12. (a) A subsequent public employer shall notify the
preceding public employer in writing of the individual's hiring not
later than ten (10) days after the individual's hire date.
   (b) A public employer making a claim must, not later than thirty
(30) days after receiving notice under subsection (a), send:
      (1) a claim to the subsequent public employer that complies
      with:

         (A) section 14 of this chapter, if the first public employer
         is making the claim; or
         (B) section 15 of this chapter, if any other public employer
         is making the claim; and
      (2) a copy of the claim to the individual.
   Sec. 13. A public employer shall reimburse a claim that complies
with this chapter not later than one hundred twenty (120) days
after receiving the claim.
   Sec. 14. (a) This section applies only to a claim made by the first
public employer.
   (b) A claim must be on a form approved by the state board of
accounts and signed and certified as correct by the first public
employer's chief executive officer.
   (c) The claim must provide the following information:
      (1) The individual's full name.
      (2) The individual's hire date and end date of employment
      with the first public employer.
      (3) The individual's certification date.
      (4) A statement of the total costs incurred by the first public
      employer for which the first public employer claims
      reimbursement.
      (5) An itemized list of costs comprising the total costs stated
      in subdivision (4).
   (d) The claim must be accompanied by copies of the following:
      (1) The written notice, acknowledged and signed as provided
      in section 16 of this chapter.
      (2) Documents supporting each of the costs itemized under
      subsection (c)(5), including:
         (A) payroll or salary vouchers;
         (B) earnings records;
         (C) invoices, claims, or billing statements;

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         (D) accounts payable vouchers; or
         (E) canceled warrants or checks.
   Sec. 15. (a) This section applies only to a claim of a public
employer that is not the first public employer.
   (b) A claim must be on a form approved by the state board of
accounts and signed and certified as correct by the public
employer's chief executive officer.
   (c) The claim must provide the following information:
      (1) The individual's full name.
      (2) The individual's hire date and end date of employment
      with the public employer submitting the claim.
      (3) The individual's certification date.
      (4) The total amount of the first public employer's claim.
      (5) The total amount for which the public employer
      submitting the claim seeks reimbursement in accordance with
      section 11 of this chapter. The amount must be expressed as:
         (A) a dollar amount; and
         (B) a percentage of the total amount stated in subdivision
         (4).
   (d) The claim must be accompanied by copies of the claim forms
of:
      (1) the first public employer, without the copies of documents
      submitted under section 14(d) of this chapter; and
      (2) any other preceding public employer.
   Sec. 16. (a) Before hiring an individual, the first public employer
must provide a written notice to the individual that contains at
least the following information:
      (1) A statement that the provisions of this chapter apply.
      (2) A statement of costs, expressed as a dollar amount.
      (3) A statement to the effect that if the individual:
         (A) voluntarily leaves the first public employer; and
         (B) is hired by a subsequent public employer as a law
         enforcement officer;
      the first public employer may claim reimbursement of the
      costs, reduced to the extent required under subdivision (5),
      from the individual's subsequent public employer.
      (4) A statement that only a public employer may reimburse
      another public employer for costs. The individual may not be
      required to reimburse or pay any portion of the costs
      incurred by a public employer.
      (5) A statement to the effect that the reimbursement amount
      that a public employer may claim decreases over time. If the

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      individual is hired by the subsequent public employer:
         (A) not more than one (1) year after the individual's
         certification date, the reimbursement amount is one
         hundred percent (100%) of the amount in subdivision (2),
         expressed as a dollar amount;
         (B) more than one (1) year and less than two (2) years after
         the individual's certification date, the reimbursement
         amount is sixty-six percent (66%) of the amount in
         subdivision (2), expressed as a dollar amount;
         (C) at least two (2) years and less than three (3) years after
         the individual's certification date, the reimbursement
         amount is thirty-three percent (33%) of the amount in
         subdivision (2), expressed as a dollar amount; and
         (D) three (3) years after the individual's certification date,
         the reimbursement amount is reduced to zero (0).

      (6) A statement to the effect that except as provided in
      subdivisions (7) and (8), whenever the individual voluntarily
      leaves employment as a law enforcement officer and is hired
      by a subsequent public employer as a law enforcement officer,
      the preceding employer may make a claim for reimbursement
      from the subsequent public employer:

         (A) of the costs in subdivision (2); and
         (B) reduced to the extent required under subdivision (5).
      (7) A statement to the effect that:
         (A) a public employer that makes a claim for
         reimbursement is required to provide the individual with
         a copy of the claim; and
         (B) if any public employer of the individual does not make
         a claim for reimbursement within the time required under
         this chapter:

            (i) the reimbursement amount is reduced to zero (0); and
            (ii) the right of the employer that fails to submit the
            claim and the right of any subsequent public employer to
            submit a claim under this chapter terminates.
      (8) A statement to the effect that this chapter no longer
      applies three (3) years after the individual's certification date.
      (9) A statement to the effect that the provisions of this chapter
      only apply to the individual if the individual successfully
      completes basic training and is certified by the law
      enforcement training board to act as a law enforcement
      officer.
      (10) A statement to the effect that the provisions of this

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      chapter only apply if the individual is employed as a law
      enforcement officer by any of the following:

         (A) The state or a state agency, including a state
         educational institution.
         (B) A county, city, or town.
         (C) A school corporation or governing board of a charter
         school.
         (D) An airport authority.
         (E) A hospital licensed under IC 16-21-2 or health system
         that is:

            (i) a unit of state or local government; or
            (ii) owned or operated by a unit of state or local
            government.
   (b) The written notice must be signed and acknowledged:
      (1) by the individual and the first public employer or first
      public employer's agent; and
      (2) on a date before the individual's hire date.
   SECTION 2. IC 5-2-1.6 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]:
   Chapter 1.6. Contract for Reimbursement of Law Enforcement
Officer Employment and Training Costs
   Sec. 1. This chapter does not affect, modify, or amend a
collective bargaining agreement or employment agreement or
contract executed or renewed before July 1, 2025.
   Sec. 2. This chapter only applies to an individual who:
      (1) is hired by a public employer; and
      (2) successfully completes basic training;
after June 30, 2025.
   Sec. 3. The definitions in IC 5-2-1.5 apply to this chapter.
   Sec. 4. As used in this chapter, "nonpublic employer" means a
private or governmental entity that:
      (1) employs an individual, including:
         (A) a person;
         (B) a corporation or other business entity; or
         (C) a political subdivision, the state, or a state agency; and
      (2) is not a public employer.
   Sec. 5. Except as provided in section 8 of this chapter, a public
employer may require as a condition of an individual's hiring, that
the individual enter into a contract or agreement to reimburse the
public employer for costs incurred in employing and training the
individual as a law enforcement officer, if the individual:

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      (1) voluntarily leaves the public employer's employment; and
      (2) is subsequently employed by a nonpublic employer.
Any contract or agreement for reimbursement of costs must meet
the requirements of this chapter.
   Sec. 6. (a) This section applies only to a contract or agreement
executed by the first public employer.
   (b) A contract or agreement may not require an individual to
reimburse the first public employer for an amount that exceeds the
first public employer's costs, multiplied by the percentage
determined under section 9 of this chapter.
   Sec. 7. (a) This section applies only to an employment contract
or agreement executed by a public employer that is not the first
employer.
   (b) A contract or agreement executed by a public employer may
not require an individual to reimburse the public employer for an
amount that exceeds the product of the total of the first public
employer's costs multiplied by the percentage determined under
section 9 of this chapter.
   Sec. 8. Termination of a public employer's right to make a claim
under IC 5-2-1.5-10(c) also terminates the right of any subsequent
public employer of the individual to obtain reimbursement for
costs and voids any employment contract or agreement under this
chapter.
   Sec. 9. An employment contract or agreement may not require
an individual to reimburse the public employer for more than the
maximum reimbursement amount, which shall be calculated as
follows:
      (1) If an individual is hired by a nonpublic employer not more
      than one (1) year after the individual's certification date, the
      contract may require the individual to reimburse the public
      employer not more than one hundred percent (100%) of the
      costs, expressed as a dollar amount.
      (2) If an individual is hired by a nonpublic employer:

         (A) more than one (1) year; and
         (B) less than two (2) years;
      after the individual's certification date, the contract may
      require the individual to reimburse the public employer not
      more than sixty-six percent (66%) of costs, expressed as a
      dollar amount.
      (3) If an individual is hired by a nonpublic employer:
         (A) at least two (2) years; and
         (B) less than three (3) years;

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      after the individual's certification date, the contract may
      require the individual to reimburse the public employer not
      more than thirty-three percent (33%) of costs, expressed as a
      dollar amount.
      (4) If an individual is hired by a nonpublic employer more
      than three (3) years after the individual's certification date,
      the contract may not require individual to reimburse the
      public employer for any costs.
   Sec. 10. (a) Any public employer that requires an individual to
enter into an employment contract or agreement under this
chapter, must provide a written notice to the individual before
hiring. The notice must contain at least the following information:
      (1) A statement that the provisions of this chapter apply.
      (2) A statement of the public employer's costs at the time of
      hiring, expressed as a dollar amount.
      (3) A statement to the effect that if the individual:

         (A) voluntarily leaves the public employer; and
         (B) is hired by a nonpublic employer;
      the contract would require the individual to reimburse the
      public employer for the public employer's costs in accordance
      with section 9 of this chapter. The reimbursement amount
      must be expressed as a dollar amount.
      (4) A statement to the effect that if the right of any of the
      individual's public employers to make a claim for
      reimbursement terminates under IC 5-2-1.5-10(c), the
      individual is not required to reimburse any public employer
      for costs and any employment contract or agreement for
      reimbursement is void.
      (5) This subdivision applies only to the first public employer.
      A statement to the effect that a contract entered into by an
      individual is void and unenforceable if the individual does not
      successfully complete basic training and is not certified by the
      law enforcement training board to act as a law enforcement
      officer.
   (b) The written notice must be signed and acknowledged:
      (1) by the individual and the public employer or public
      employer's agent; and
      (2) on a date before the individual's hire date.

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President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

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