*SB0134.1*
January 19, 2022
SENATE BILL No. 134
_____
DIGEST OF SB 134 (Updated January 13, 2022 12:29 pm - DI 129)
Citations Affected: IC 3-5; IC 4-12; IC 5-14; IC 36-1.
Synopsis: Appropriation of donated money. Adds language specifying
that a political subdivision that conducts or administers an election may
not accept private money donations to prepare, administer, or conduct
elections or to employ individuals on a temporary basis for preparing,
administering, or conducting elections, including registering voters.
Requires all state agencies to submit to the budget agency a report of
each individual state employee employed by the state agency whose
salary is funded in whole or in part from donated money. Provides that
if the donation of money is to the secretary of state, the report shall
specify whether the money was or will be distributed to political
subdivisions for preparing, administering, or conducting elections, and,
if so, the specific types of uses for which the donated money will be
used by those political subdivisions. Requires the budget agency to
annually submit to the budget committee a report of the information
that specifies and identifies each individual state employee whose
salary is funded in whole or in part from donated money, which must
be posted and made available on the Indiana transparency portal.
Requires all local units of government to submit to the department of
local government finance (DLGF) a report of each individual local unit
of government employee employed by the local unit of government
whose salary is funded in whole or in part from donated money.
Requires the DLGF to annually submit to the budget committee a
report of the information that specifies and identifies each individual
local unit of government employee whose salary is funded in whole or
in part from donated money, which must be posted and made available
on the DLGF's computer gateway. Defines "local unit of government"
for purposes of the reporting requirement. Specifies that the term does
not include hospitals.
Effective: Upon passage.
Brown L
January 4, 2022, read first time and referred to Committee on Appropriations.
January 18, 2022, amended, reported favorably — Do Pass.
SB 134—LS 6504/DI 120 January 19, 2022
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 134
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-5-3-1, AS AMENDED BY P.L.109-2021,
2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 1. (a) Except as provided in sections 7
4 through 10 of this chapter, the county auditor shall pay the expenses of
5 voter registration and for all election supplies, equipment, and expenses
6 out of the county treasury in the manner provided by law. The county
7 fiscal body shall make the necessary appropriations for these purposes.
8 (b) The county executive shall pay to the circuit court clerk or board
9 of registration the expenses of:
10 (1) removing voters from the registration record under IC 3-7-43,
11 IC 3-7-45, or IC 3-7-46; and
12 (2) performing voter list maintenance programs under IC 3-7;
13 out of the county treasury without appropriation.
14 (c) Registration expenses incurred by a circuit court clerk or board
15 of registration for:
16 (1) the salaries of members of a board of registration appointed
17 under IC 3-7-12-9;
SB 134—LS 6504/DI 120 2
1 (2) the salaries of chief clerks appointed under IC 3-7-12-17; and
2 (3) the salaries of assistants employed under IC 3-7-12-19;
3 may not be charged to a municipality. However, the municipality may
4 be charged for wages of extra persons employed to provide additional
5 assistance reasonably related to the municipal election.
6 (d) A political subdivision that conducts or administers an election
7 may not:
8 (1) accept private money donations; or
9 (2) receive or expend funds received;
10 from a person for preparing, administering, or conducting elections or
11 employing individuals on a temporary basis for the purpose of
12 preparing, administering, or conducting elections, including
13 registering voters. This subsection does not prohibit a political
14 subdivision from receiving or expending funds from the state or from
15 the federal government to prepare for, administer, or conduct an
16 election.
17 SECTION 2. IC 4-12-1-21 IS ADDED TO THE INDIANA CODE
18 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
19 UPON PASSAGE]: Sec. 21. To ensure transparency in state
20 government, on or before June 30, 2022, and on or before June 30
21 of each year thereafter, all state agencies shall submit to the budget
22 agency a report of each individual state employee employed by the
23 state agency whose salary is funded in whole or in part from
24 donated money.
25 (b) If the donation of money is to the secretary of state, the
26 report shall specify whether the money was or will be distributed
27 to political subdivisions for preparing, administering, or
28 conducting elections, and, if so, the specific types of uses for which
29 the donated money will be used by those political subdivisions.
30 (c) On or before December 1, 2022, and on or before December
31 1 of each year thereafter, the budget agency shall annually submit
32 to the budget committee a report of the information submitted
33 under subsections (a) and (b) that specifies and identifies each
34 individual state employee whose salary is funded in whole or in
35 part from donated money.
36 (d) Before January 31, 2023, and before January 31 of each year
37 thereafter, the report submitted under subsection (b) in the
38 preceding year shall be posted and made available on the Indiana
39 transparency Internet web site established under IC 5-14-3.5-2.
40 SECTION 3. IC 5-14-3.5-2, AS AMENDED BY P.L.177-2013,
41 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 UPON PASSAGE]: Sec. 2. (a) The auditor of state, working with the
SB 134—LS 6504/DI 120 3
1 office of technology established by IC 4-13.1-2-1, or another
2 organization that is part of a state educational institution, and the office
3 of management and budget established by IC 4-3-22-3, shall post on
4 the Indiana transparency Internet web site the following data:
5 (1) A listing of state expenditures and fund balances, including
6 expenditures for contracts, grants, and leases.
7 (2) A listing of state owned real and personal property that has a
8 value of more than twenty thousand dollars ($20,000).
9 The web site must be electronically searchable by the public and must
10 be intuitive to users of the web site.
11 (b) The data base must include for each state agency:
12 (1) the amount, date, payer, and payee of expenditures;
13 (2) a listing of state expenditures by:
14 (A) personal services;
15 (B) other operating expenses; or
16 (C) total operating expenses;
17 to reflect how the funds were appropriated in the state budget act;
18 (3) a listing of state fund balances; and
19 (4) a listing of property owned by the state; and
20 (5) the information report required under IC 4-12-1-21(c).
21 (c) The data base must include for each state educational institution
22 a listing of the annual salaries for employees of the state educational
23 institution.
24 SECTION 4. IC 36-1-30 IS ADDED TO THE INDIANA CODE AS
25 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
26 PASSAGE]:
27 Chapter 30. Reporting of Donated Money Used to Fund Salaries
28 Sec. 1. As used in this chapter, "local unit of government"
29 means any county, city, town, township, political subdivision, or
30 other entity exercising in a limited geographical area the executive,
31 administrative, or legislative power of the local government power.
32 The term does not include a hospital organized or operated under
33 IC 16-22-1 through IC 16-22-5, IC 16-22-8, or IC 16-23-1.
34 Sec. 2. (a) On or before June 30, 2022, and on or before June 30
35 of each year thereafter, all local units of government shall submit
36 to the department of local government finance a report of each
37 individual local unit of government employee employed by the local
38 unit of government whose salary is funded in whole or in part from
39 donated money.
40 (b) On or before December 1, 2022, and on or before December
41 1 of each year thereafter, the department of local government
42 finance shall annually submit to the budget committee a report of
SB 134—LS 6504/DI 120 4
1 the information submitted under subsection (a) that specifies and
2 identifies each individual local unit of government employee whose
3 salary is funded in whole or in part from donated money.
4 (c) Before January 31, 2023, and before January 31 of each year
5 thereafter, the report submitted under subsection (b) in the
6 preceding year shall be posted and made available on the
7 department of local government finance's computer gateway.
8 SECTION 5. An emergency is declared for this act.
SB 134—LS 6504/DI 120 5
COMMITTEE REPORT
Madam President: The Senate Committee on Appropriations, to
which was referred Senate Bill No. 134, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 3-5-3-1, AS AMENDED BY P.L.109-2021,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) Except as provided in sections 7
through 10 of this chapter, the county auditor shall pay the expenses of
voter registration and for all election supplies, equipment, and expenses
out of the county treasury in the manner provided by law. The county
fiscal body shall make the necessary appropriations for these purposes.
(b) The county executive shall pay to the circuit court clerk or board
of registration the expenses of:
(1) removing voters from the registration record under IC 3-7-43,
IC 3-7-45, or IC 3-7-46; and
(2) performing voter list maintenance programs under IC 3-7;
out of the county treasury without appropriation.
(c) Registration expenses incurred by a circuit court clerk or board
of registration for:
(1) the salaries of members of a board of registration appointed
under IC 3-7-12-9;
(2) the salaries of chief clerks appointed under IC 3-7-12-17; and
(3) the salaries of assistants employed under IC 3-7-12-19;
may not be charged to a municipality. However, the municipality may
be charged for wages of extra persons employed to provide additional
assistance reasonably related to the municipal election.
(d) A political subdivision that conducts or administers an election
may not:
(1) accept private money donations; or
(2) receive or expend funds received;
from a person for preparing, administering, or conducting elections or
employing individuals on a temporary basis for the purpose of
preparing, administering, or conducting elections, including
registering voters. This subsection does not prohibit a political
subdivision from receiving or expending funds from the state or from
the federal government to prepare for, administer, or conduct an
election.".
Page 1, line 3, delete "and".
SB 134—LS 6504/DI 120 6
Page 1, line 4, delete "local".
Page 1, line 4, delete "the following apply to appropriations of any"
and insert "on or before June 30, 2022, and on or before June 30 of
each year thereafter, all state agencies shall submit to the budget
agency a report of each individual state employee employed by the
state agency whose salary is funded in whole or in part from
donated money.
(b) If the donation of money is to the secretary of state, the
report shall specify whether the money was or will be distributed
to political subdivisions for preparing, administering, or
conducting elections, and, if so, the specific types of uses for which
the donated money will be used by those political subdivisions.
(c) On or before December 1, 2022, and on or before December
1 of each year thereafter, the budget agency shall annually submit
to the budget committee a report of the information submitted
under subsections (a) and (b) that specifies and identifies each
individual state employee whose salary is funded in whole or in
part from donated money.
(d) Before January 31, 2023, and before January 31 of each year
thereafter, the report submitted under subsection (b) in the
preceding year shall be posted and made available on the Indiana
transparency Internet web site established under IC 5-14-3.5-2.".
Page 1, delete lines 5 through 16, begin a new paragraph and insert:
"SECTION 3. IC 5-14-3.5-2, AS AMENDED BY P.L.177-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) The auditor of state, working with the
office of technology established by IC 4-13.1-2-1, or another
organization that is part of a state educational institution, and the office
of management and budget established by IC 4-3-22-3, shall post on
the Indiana transparency Internet web site the following data:
(1) A listing of state expenditures and fund balances, including
expenditures for contracts, grants, and leases.
(2) A listing of state owned real and personal property that has a
value of more than twenty thousand dollars ($20,000).
The web site must be electronically searchable by the public and must
be intuitive to users of the web site.
(b) The data base must include for each state agency:
(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;
SB 134—LS 6504/DI 120 7
to reflect how the funds were appropriated in the state budget act;
(3) a listing of state fund balances; and
(4) a listing of property owned by the state; and
(5) the information report required under IC 4-12-1-21(c).
(c) The data base must include for each state educational institution
a listing of the annual salaries for employees of the state educational
institution.
SECTION 4. IC 36-1-30 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]:
Chapter 30. Reporting of Donated Money Used to Fund Salaries
Sec. 1. As used in this chapter, "local unit of government"
means any county, city, town, township, political subdivision, or
other entity exercising in a limited geographical area the executive,
administrative, or legislative power of the local government power.
The term does not include a hospital organized or operated under
IC 16-22-1 through IC 16-22-5, IC 16-22-8, or IC 16-23-1.
Sec. 2. (a) On or before June 30, 2022, and on or before June 30
of each year thereafter, all local units of government shall submit
to the department of local government finance a report of each
individual local unit of government employee employed by the local
unit of government whose salary is funded in whole or in part from
donated money.
(b) On or before December 1, 2022, and on or before December
1 of each year thereafter, the department of local government
finance shall annually submit to the budget committee a report of
the information submitted under subsection (a) that specifies and
identifies each individual local unit of government employee whose
salary is funded in whole or in part from donated money.
(c) Before January 31, 2023, and before January 31 of each year
thereafter, the report submitted under subsection (b) in the
preceding year shall be posted and made available on the
department of local government finance's computer gateway.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 134 as introduced.)
MISHLER, Chairperson
Committee Vote: Yeas 10, Nays 1.
SB 134—LS 6504/DI 120