February 24, 2009
HOUSE BILL No. 1280
DIGEST OF HB 1280
(Updated February 23, 2009 7:04 pm - DI 116)
Citations Affected: IC 5-14; IC 34-30.
Synopsis: State budget and spending information on Internet. Provides
that the state auditor shall begin work to post state expenditures and
account balances on the Internet not later than July 1, 2009. Requires
state agencies to provide information to the auditor of state and to
develop links on agency Internet web sites to the auditor's expenditure
Internet web site. Provides that the auditor shall report the progress of
posting state expenditures and account balances on the Internet to the
state board of finance and the legislative council.
Effective: Upon passage.
Welch, Turner, Pearson, Michael
January 13, 2009, read first time and referred to Committee on Ways and Means.
February 19, 2009, amended, reported _ Do Pass.
February 23, 2009, read second time, amended, ordered engrossed.
February 24, 2009
First Regular Session 116th General Assembly (2009)
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HOUSE BILL No. 1280
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-14-3.5; (09)HB1280.2.1. -->
SECTION 1. IC 5-14-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
Chapter 3.5. Access to Financial Data
Sec. 1. As used in this chapter, "state agency" means an
authority, a board, a branch, a commission, a committee, a
department, a division, or another instrumentality of government,
including the administrative branch of state government, the
legislative branch of government, the judicial branch of state
government, and state educational institutions.
Sec. 2. Not later than July 1, 2009, the auditor of state shall
begin to work with the office of technology established by
IC 4-13.1-2-1 to establish and post on the Internet a data base web
site of state expenditures and account balances, including
expenditures for contracts and grants, that is electronically
searchable by the public. The data base must include for each state
(1) the amount, date, payer, and payee of expenditures;
(2) a listing of state expenditures by:
(A) personal services;
(B) other operating expenses; or
(C) total operating expenses;
to reflect how the funds were appropriated in the state budget
(3) a listing of state account balances.
Sec. 3. To the extent possible, the auditor of state shall present
information in the data base established under this chapter in a
manner that is searchable and intuitive to users. The auditor of
state shall enhance and organize the presentation of the
information through the use of graphic representations, including
pie charts, if the auditor of state considers graphics appropriate.
The data base must allow users to:
(1) search and aggregate state funding by each element of the
data on the Internet web site;
(2) ascertain through a single search the total amount of state
funding awarded or paid to a person by a state agency; and
(3) download information yielded by a search of the data base.
Sec. 4. (a) The auditor of state may not allow public access
under this section to:
(1) a payee's address, other than the county in which the
payee is located;
(2) personal information that is protected under state or
federal law or rule; or
(3) information that is protected as a trade secret under state
or federal law or by rule.
(b) The auditor of state may make information protected under
subsection (a) available in an aggregate format only.
Sec. 5. The auditor of state and employees of the auditor of state
are immune from any civil liability for posting confidential
information under section 4 of this chapter if the auditor of state
or an employee of the auditor of state posted the information in
reliance on a determination made by a state agency about the
confidentiality of information relating to the agency's expenditures
or account balances.
Sec. 6. To the extent any information required to be in the data
base is already being collected or maintained by a state agency, the
state agency shall provide that information to the auditor of state
for inclusion in the data base.
Sec. 7. The auditor of state may not charge a fee for access to
the data base.
Sec. 8. Except as provided in section 9 of this chapter, a state
agency shall cooperate with and provide information to the auditor
of state as necessary to implement and administer this chapter.
Sec. 9. This chapter does not require a state agency to record
information or expend resources for the purpose of computer
programming to make information reportable under this chapter.
Sec. 10. The office of technology established by IC 4-13.1-2-1
shall work with the auditor of state to include a link in the data
base established under this chapter to the Internet web site of each
Internet web site operated by:
(1) the state; or
(2) a state agency.
Sec. 11. Each state agency shall include a link on the agency's
Internet web site to the data base established under this chapter.
Sec. 12. Not later than November 1, 2010, the auditor of state
shall provide a report to the state board of finance and the
legislative council that details the state expenditures and account
balances contained in the data base created under this chapter and
the progress the auditor has made to comply with this chapter. The
report must include all state expenditures and account balances not
contained in the data base with a detailed summary explaining why
the state expenditures and account balances are not contained in
the data base. The report to the legislative council must be in an
electronic format under IC 5-14-6.
SOURCE: IC 34-30-2-14.6; (09)HB1280.2.2. -->
SECTION 2. IC 34-30-2-14.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 14.6. IC 5-14-3.5-5
(Concerning the auditor of state and employees of the auditor of
state for posting confidential information).
SOURCE: ; (09)HB1280.2.3. -->
SECTION 3. An emergency is declared for this act.