Citations Affected: IC 4-9.1-1-7 ; IC 4-12-1-12 ; IC 4-13-1-18.1 ; IC 12-10-10-12 .
Synopsis: CHOICE funding. Provides that community home option to
institutional care for the elderly and disabled program (CHOICE)
appropriations may not be transferred or used for any other purpose.
Authorizes citizens of Indiana to bring an action for declaratory and
equitable relief against a state agency or officer of the state for failing
to follow procedures for the expenditure of funds.
Effective: Upon passage.
January 15, 2003, read first time and referred to Committee on Finance.
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The board
may transfer money between state funds, and the board may transfer
money between appropriations for any board, department, commission,
office, or benevolent or penal institution of the state. After the transfer
is made the money of the fund or appropriation transferred is not
available to the fund or the board, department, commission, office, or
benevolent or penal institution from which it was transferred.
(b) An order by the board to make a transfer under this section is sufficient authority for the making of appropriate entries showing the transfer on the books of the auditor of state and treasurer of state.
(c) The authority given the board under this section to make transfers does not apply to trust funds. For the purposes of this section, "trust fund" means a fund which by the constitution or by statute has been designated as a trust fund or a fund which has been determined by the board to be a trust fund.
(d) The transfer of funds, accounts, and appropriations applies
to every type of transfer of state dollars between funds, accounts,
and appropriations except as specifically provided for in an
appropriation act, or in any other law. If a fund, an account, or an
appropriation is specifically excluded from the transfer process,
the money in the fund, account, or appropriation may not be
transferred by the board.
SECTION 2. IC 4-12-1-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. (a) Within forty-five (45) days following the adjournment of
the regular a session
of the general assembly in which a budget is adopted, the budget
agency shall examine the acts of such general assembly and, with the
aid of its own records and those of the budget committee, shall prepare
a complete list of all appropriations made by law for the budget period
beginning on July 1 following such regular a session in which a
budget is adopted, or so made for such other period as is provided in
the appropriation. While such list is being made by it, the budget
agency shall review and analyze the fiscal status and affairs of the state
as affected by such appropriations. A written report thereof shall be
made and signed by the budget director and shall be transmitted to the
governor and the auditor of state and shall be mailed to each member
of such general assembly.
(b) Not later than the first day of June of each calendar year, the budget agency shall prepare a list of all appropriations made by law for expenditure or encumbrance during the fiscal year beginning on the first day of July of that calendar year. At the same time, the budget agency shall establish the amount of a reserve from the general fund surplus which such agency estimates will be necessary and required to provide funds with which to pay the distribution to local school units required by law to be made so early in such fiscal year that revenues received in such year prior to the distribution will not be sufficient to cover such distribution. Not later than the first day of June following adjournment of such
regular session of the general assembly the
amounts of the appropriations for such fiscal year, and the amount of
such reserve, shall be written and transmitted formally to the auditor of
state who then shall establish the amounts of such appropriations, and
the amount of such reserve, in the records of the auditor's office as
fixed in such communication of the budget agency.
(c) Within sixty (60) days following the adjournment of any special session of the general assembly, or within such shorter period as the circumstances may require, the budget agency shall prepare for and transmit to the governor and members of the general assembly and the auditor of state, like information, list of sums appropriated, and if
required, an estimate for a reserve from the general fund surplus for
distribution to local school units, all as is done upon the adjournment
of a regular session, pursuant to subsections (a) and (b) of this section
to the extent the same are applicable.
(d) The budget agency shall administer the allotment system provided in IC 4-13-2-18.
(e) The budget agency may transfer, assign and reassign any appropriation or appropriations, or parts of them, excepting those appropriations made to the Indiana state teacher's retirement fund established by IC 21-6.1, made for one specific use or purpose to another use or purpose of the agency of state to which the appropriation is made, but only when the uses and purposes to which the funds transferred, assigned and reassigned are uses and purposes the agency of state is by law required or authorized to perform. No transfer may be made as in this subsection authorized unless upon the request of and with the consent of the agency of state whose appropriations are involved. The transfer, assignment, or reassignment of funds, accounts and appropriations provided for in this section applies to transfers, assignments, or reassignments except as specifically provided for in an appropriation act, or in any law. If an appropriation, an account, or a fund is specifically excluded from the transfer, assignment, or reassignment process, the money in the appropriation, account, or fund may not be transferred, assigned, or reassigned by the budget agency. Except to the extent otherwise specifically provided, every appropriation made and hereafter made and provided, for any specific use or purpose of an agency of the state is and shall be construed to be an appropriation to the agency, for all other necessary and lawful uses and purposes of the agency, subject to the aforesaid request and consent of the agency and concurrence of the budget agency.
(f) One or more emergency or contingency appropriations for each fiscal year or for the budget period may be made to the budget agency. Such appropriations shall be in amounts definitely fixed by law, or ascertainable or determinable according to a formula, or according to appropriate provisions of law taking into account the revenues and income of the agency of state. No transfer shall be made from any such appropriation to the regular appropriation of an agency of the state except upon an order of the budget agency made pursuant to the authority vested in it hereby or otherwise vested in it by law.
SECTION 3. IC 4-13-1-18.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 18.1. (a) Under this section, a citizen of
Indiana may bring an action for declaratory and equitable relief
against a state agency or an officer of the state for failing to follow
the procedures for the expenditure of funds under
(b) A citizen, as a condition precedent to maintaining an action, must give notice in writing by registered or certified mail to:
(1) the budget agency;
(2) the agency to which the appropriation was made; and
(3) the attorney general.
The attorney general shall promptly notify the budget agency and the agency to which the appropriation was made.
(c) An action under this section must be brought in a circuit or superior court in Marion County.
(d) The court may order the agency to issue the documents necessary to obtain warrants.
SECTION 4. IC 12-10-10-12 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. Appropriations made for the community and home options to institutional care for the elderly and disabled (CHOICE) program established by IC 12-10-10-6 are not subject to:
(1) transfers by the state board of finance as allowed under IC 4-9.1-1-7 (d); and
(2) transfer, assignment, or reassignment by the budget agency as allowed under IC 4-12-1-12 (e).
SECTION 5. An emergency is declared for this act.