SB 22-1_ Filed 02/14/2002, 08:03
Adopted 2/14/2002


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

8

                                                        NO:
4

MR. SPEAKER:
    Your Committee on       Agriculture, Natural Resources and Rural Development     , to which was referred       Senate Bill 22     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 1; (02)AM002201.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 4-13-2-20; (02)AM002201.1. -->     SECTION 1. IC 4-13-2-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 20. (a) Except as otherwise provided in this section, IC 20-1-1.8-17.2 , or IC 12-8-10-7 , payment for any services, supplies, materials, or equipment shall not be paid from any fund or state money in advance of receipt of such services, supplies, materials, or equipment by the state.
    (b) With the prior approval of the budget agency, payment may be made in advance for any of the following:
        (1) War surplus property.
        (2) Property purchased or leased from the United States government or its agencies.
        (3) Dues and subscriptions.
        (4) License fees.
        (5) Insurance premiums.
        (6) Utility connection charges.
        (7) Federal grant programs where advance funding is not prohibited and, except as provided in subsection (i), the contracting party posts sufficient security to cover the amount advanced.
        (8) Grants of state funds authorized by statute.
        (9) Employee expense vouchers.
        (10) Beneficiary payments to the administrator of a program of self-insurance.
        (11) Services, supplies, materials, or equipment to be received from an agency or from a body corporate and politic.
        (12) Expenses for the operation of offices that represent the state under contracts with the department of commerce and that are located outside Indiana.
        (13) Services, supplies, materials, or equipment to be used for more than one (1) year under a discounted contractual arrangement funded through a designated leasing entity.
        (14) Maintenance of equipment and maintenance of software not exceeding an annual amount of one thousand five hundred dollars ($1,500) for each piece of equipment or each software license.
         (15) Exhibits, artifacts, specimens, or other unique items of cultural or historical value or interest purchased by the state museum.
    (c) Any state agency and any state college or university supported in whole or in part by state funds may make advance payments to its employees for duly accountable expenses exceeding ten dollars ($10) incurred through travel approved by the employee's respective agency director in the case of a state agency and by a duly authorized person in the case of any such state college or university.
    (d) The auditor of state may, with the approval of the budget agency and of the commissioner of the Indiana department of administration:
        (1) appoint a special disbursing officer for any state agency or group of agencies where it is necessary or expedient that a special record be kept of a particular class of disbursements or where disbursements are made from a special fund; and
        (2) approve advances to the special disbursing officer or officers from any available appropriation for the purpose.
    (e) The auditor of state shall issue the auditor's warrant to the special disbursing officer to be disbursed by the disbursing officer as provided in this section. Special disbursing officers shall in no event make disbursements or payments for supplies or current operating expenses of any agency or for contractual services or equipment not purchased or contracted for in accordance with this chapter and IC 5-22. No special disbursing officer shall be appointed and no money shall be advanced until procedures covering the operations of special disbursing officers have been adopted by the Indiana department of administration and approved by the budget agency. These procedures must include the following provisions:
        (1) Provisions establishing the authorized levels of special disbursing officer accounts and establishing the maximum amount which may be expended on a single purchase from special disbursing officer funds without prior approval.
        (2) Provisions requiring that each time a special disbursing officer makes an accounting to the auditor of state of the expenditure of the advanced funds, the auditor of state shall request that the Indiana department of administration review the accounting for compliance with IC 5-22.
        (3) A provision that, unless otherwise approved by the commissioner of the Indiana department of administration, the special disbursing officer must be the same individual as the procurements agent under IC 4-13-1.3-5.
        (4) A provision that each disbursing officer be trained by the Indiana department of administration in the proper handling of money advanced to the officer under this section.
    (f) The commissioner of the Indiana department of administration shall cite in a letter to the special disbursing officer the exact purpose or purposes for which the money advanced may be expended.
    (g) A special disbursing officer may issue a check to a person without requiring a certification under IC 5-11-10-1 if the officer:
        (1) is authorized to make the disbursement; and
        (2) complies with procedures adopted by the state board of accounts to govern the issuance of checks under this subsection.
    (h) A special disbursing officer is not personally liable for a check

issued under subsection (g) if:
        (1) the officer complies with the procedures described in subsection (g); and
        (2) funds are appropriated and available to pay the warrant.
    (i) For contracts entered into between the department of workforce development or the Indiana commission on vocational and technical education and:
        (1) a school corporation (as defined in IC 20-10.1-1-1 ); or
        (2) a state educational institution (as defined in IC 20-12-0.5-1 );
the contracting parties are not required to post security to cover the amount advanced.".

SOURCE: Page 3, line 19; (02)AM002201.3. -->     Page 3, line 19, delete "ten dollars" and insert " fifteen dollars ($15).".
    Page 3, delete line 20.
    Page 4, after line 15, begin a new line and insert:
SOURCE: IC 23-14-57-1; (02)AM002201.10. -->     "SECTION 10. IC 23-14-57-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. (a) As used in this section, "removed" refers to the disinterment, disentombment, or disinurnment of the remains of a deceased human.
    (b)
The remains, either cremated or uncremated, of a deceased human shall not be removed from a cemetery without:
        (1) a written order of issued by the state department of health;
        (2) the written consent of:
            (A) the owner of the cemetery; or
            (B) the owner's representative; and
        (3) the written consent of:
            (A) the spouse of the deceased; or
            (B) the parents of the deceased in the case of a deceased minor child;
        or a court order;
authorizing the disinterment, disentombment, or disinurnment.
     (c) Before issuing a written authorization under subsection (b), the state department of health shall do the following:
        (1) Obtain written evidence of the legal ownership of the property from which the remains will be removed.
        (2) Send written notice to the department of natural resources, division of historic preservation and archeology, of the time, date, and place from which the remains will be

removed.
        (3) Obtain written evidence that a licensed funeral director has agreed to:
            (A) be present at the removal and at the reinterment, reentombment, or reinurnment of the remains; and
            (B) cause the completed order of the state department of health to be recorded in the office of the county recorder of the county where the removal occurred.
        (4) Obtain written evidence that a notice of the removal has been published at least five (5) days before the removal in a newspaper of general circulation in the county where the removal will occur.
        (5) Obtain a copy of:
            (A) the written consent required under subsection (b)(3); or
            (B) a court order obtained by a person under subsection (d).
    (d) If the written consent of:
        (1) the spouse of the deceased; or
        (2) the parents of the deceased, in the case of a deceased minor;
is not available, a person who has made a request under this section to the state department of health may petition a court to determine whether to waive the consent requirement of subsection (b)(3). In determining whether to waive the requirement, the court shall consider the viewpoint of any issue (as defined in IC 29-1-1-3 ) of the deceased. In a proceeding under this subsection, the court may not order the disinterment, disentombment, or disinurnment of the remains of a deceased human.


    (e) The state department of health may adopt rules under IC 4-22-2 to implement this section.
".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 22 as printed January 16, 2002.)

and when so amended that said bill do pass.

__________________________________

Representative Lytle


AM002201/DI 47    2002