SB 22-1_ Filed 02/14/2002, 08:03
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
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paragraph and insert:
SOURCE: IC 4-13-2-20; (02)AM002201.1. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 20. (a) Except as
otherwise provided in this section,
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
(8) Grants of state funds authorized by statute.
(9) Employee expense vouchers.
(10) Beneficiary payments to the administrator of a program of
(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
(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
(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
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
(1) a school corporation (as defined in
(2) a state educational institution (as defined in
the contracting parties are not required to post security to cover the
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Page 3, delete line 20.
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SOURCE: IC 23-14-57-1; (02)AM002201.10. -->
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.
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
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
(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);
(B) a court order obtained by a person under subsection
(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
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
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
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.
AM002201/DI 47 2002