Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 287 be amended to read as follows:

SOURCE: Page 4, line 36; (12)MO028706.4. -->     Page 4, between lines 36 and 37, begin a new paragraph and insert:
SOURCE: IC 4-13-19-13; (12)MO028706.3. -->     "SECTION 3. IC 4-13-19-13 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) This section applies to any of the following:
        (1) An appropriation for the Indiana department of administration, department of child services ombudsman bureau.
        (2) An appropriation for the Indiana department of administration, office of the department of child services ombudsman.
        (3) An amount directly appropriated for the department of child services ombudsman bureau.
        (4) An amount directly appropriated for the office of the department of child services ombudsman.
    (b) An amount described in subsection (a):
        (1) is to fund the responsibilities of the office of the department of child services ombudsman under this chapter;
        (2) does not revert to any fund at the end of any state fiscal year but remains available for the purposes of the appropriation in subsequent state fiscal years, notwithstanding IC 4-13-2-19 or any other law; and
        (3) is not subject to transfer to any other fund or to transfer, assignment, or reassignment for any other use or purpose by:
            (A) the state board of finance notwithstanding IC 4-9.1-1-7, IC 4-13-2-23, or any other law; or
            (B) the budget agency notwithstanding IC 4-12-1-12 or any other law.
    (b) This subsection applies notwithstanding IC 4-13-2-18 or any other law. The department of administration and office of the department of child services ombudsman shall:
        (1) expend amounts described in subsection (a) for the purposes of the office of the department of child services ombudsman in the state fiscal year for which the appropriation is made; or
        (2) encumber the appropriated amounts within that state fiscal year for expenditure within a reasonable period following the end of that state fiscal year.
The Indiana department of administration and the office of the department of child services ombudsman may not withhold or reduce a request for an allotment of an amount described in subsection (a) in order to revert or fail to expend an appropriation described in subsection (a). To the extent that an appropriation has not been previously allotted, the budget agency shall allot an amount described in subsection (a) to the department of administration (if the appropriation was made to the Indiana department of administration) or otherwise to the office of the department of child services ombudsman for the purposes of the office of the department of child services ombudsman upon request by the Indiana department of administration or the office of the department of child services ombudsman.
".
SOURCE: Page 18, line 2; (12)MO028706.18. -->     Page 18, between lines 2 and 3, begin a new paragraph and insert:
SOURCE: IC 31-9-2-20.7; (12)MO028706.28. -->     "SECTION 28. IC 31-9-2-20.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 20.7. "Committee", for the purposes of IC 31-25-2-24, has the meaning set forth in IC 31-25-2-24(a).".
SOURCE: Page 57, line 34; (12)MO028706.57. -->     Page 57, between lines 34 and 35, begin a new paragraph and insert:
SOURCE: IC 31-25-2-23; (12)MO028706.91. -->     "SECTION 91. IC 31-25-2-23 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 23. (a) Beginning June 10, 2012, the department shall submit a report to the legislative council not later than the tenth day of each month concerning the department's expenditures for the preceding month.
    (b) The report described in subsection (a) must be in an electronic format under IC 5-14-6.

SOURCE: IC 31-25-2-24; (12)MO028706.92. -->     SECTION 92. IC 31-25-2-24 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 24. (a) As used in this section, "committee" means the audit advisory committee established by

subsection (b).
    (b) The audit advisory committee is established.
    (c) The committee consists of the following members:
        (1) A representative of the Children's Coalition of Indiana appointed by the minority leader of the house of representatives.
        (2) A representative of the Indiana Coalition for Human Services appointed by the speaker of the house of representatives.
        (3) A representative of IARCCA_ An Association of Children and Family Services appointed by the president pro tempore of the senate.
        (4) A representative of Mental Health America of Indiana appointed by the minority leader of the senate.
        (5) A representative of the Arc of Indiana appointed by the chairman of the legislative council.
        (6) A representative of the Indiana Prosecuting Attorneys Council appointed by the director of the Indiana Prosecuting Attorneys Council or the director's designee.
        (7) A representative of the Indiana Judges Association appointed by the director of the Indiana Judges Association or the director's designee.
        (8) One (1) member of the house of representatives appointed by the speaker of the house of representatives.
        (9) One (1) member of the house of representatives appointed by
the minority leader of the house of representatives.
        (10) One (1) member of the senate appointed by
the president pro tempore of the senate.
        (11) One (1) member of the senate appointed by the minority leader of the senate.

     (d) A member of the committee listed in subsection (c)(1) through (c)(7) is not entitled to:
        (1) the minimum salary per diem provided by IC 4-10-11-2.1(b); or
        (2) reimbursement from state funds for traveling expenses and other expenses actually incurred in connection with the member's duties.
    (e) Each member of the committee who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council.

     (f) The committee shall select a member of the committee to serve as chairperson. The committee shall meet at the call of the chairperson of the committee. A vacancy on the committee shall be filled by the original appointing authority. The affirmative votes of a majority of the members appointed to the committee are required for the committee to take action on any measure,

including the report described in subsection (g).
    (g) The committee shall, not later than May 1, 2013, submit a report to the legislative council recommending the names of private entities to perform an audit of the department concerning:
        (1) caseworker turnover rates;
        (2) the effectiveness of the department's investigation of alleged child abuse and neglect reports;
        (3) the department's oversight of caseworkers;
        (4) the effectiveness and quality control of the child abuse hotline;
        (5) the training, education levels, and supervision of the employees who receive reports on the child abuse hotline;
        (6) caseload levels;
        (7) caseworker training; and
        (8) any other department matters recommended by the committee.

The report described in this subsection must be in an electronic format under IC 5-14-6.
     (h) The legislative council shall contract with one (1) of the private entities recommended by the committee under subsection (g) to audit the department. The legislative council shall pay the expenses of an audit conducted under this section.
    (i) The private entity with which the legislative council contracts under subsection (h) shall provide a report concerning the audit described under subsection (g) to the legislative council not later than November 1, 2013.
    (j) This section expires July 1, 2014.

SOURCE: IC 31-25-2-25; (12)MO028706.93. -->     SECTION 93. IC 31-25-2-25 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 25. (a) An appropriation to the department:
        (1) is to fund the responsibilities of the department specified in section 7 of this chapter;
        (2) does not revert to any fund at the end of any state fiscal year but remains available for the purposes of the appropriation in subsequent state fiscal years, notwithstanding IC 4-13-2-19 or any other law; and
        (3) is not subject to transfer to any other fund or to transfer, assignment, or reassignment for any other use or purpose by:
            (A) the state board of finance notwithstanding IC 4-9.1-1-7, IC 4-13-2-23, or any other law; or
            (B) the budget agency notwithstanding IC 4-12-1-12 or any other law.
However, the budget agency may, upon request from the department, assign or reassign an appropriation to the department from one (1) purpose of the department to another purpose of the department to meet the most critical needs of children and families

in Indiana.
    (b) This subsection applies notwithstanding IC 4-13-2-18 or any other law. The department shall expend amounts appropriated to the department for the purposes of the department in the state fiscal year for which the appropriation is made or encumber the appropriated amounts within that state fiscal year for expenditure within a reasonable period following the end of that state fiscal year. The department may not withhold or reduce a request for an allotment of an amount appropriated to the department in order to revert or fail to expend an appropriation to the department. To the extent that an appropriation has not been previously allotted, the budget agency shall allot an amount appropriated to the department for the purposes of the department upon request by the department.
".

SOURCE: Page 143, line 20; (12)MO028706.143. -->     Page 143, after line 20, begin a new paragraph and insert:
SOURCE: ; (12)MO028706.189. -->     "SECTION 189. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 287 as printed February 24, 2012.)

________________________________________

Representative Summers


MO028706/DI 110     2012