IN
Indiana Senate Bill SB0134

Indiana 2022 Regular Session

Indiana Senate Bill SB0134 Compare Versions

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1+*ES0134.1*
2+February 17, 2022
3+ENGROSSED
4+SENATE BILL No. 134
5+_____
6+DIGEST OF SB 134 (Updated February 16, 2022 10:13 am - DI 87)
7+Citations Affected: IC 3-5; IC 4-12; IC 5-14; IC 36-1.
8+Synopsis: Appropriation of donated money. Adds language specifying
9+that a political subdivision that conducts or administers an election may
10+not accept private money donations to prepare, administer, or conduct
11+elections or to employ individuals on a temporary basis for preparing,
12+administering, or conducting elections, including registering voters.
13+Requires all state agencies to submit to the budget agency a report of
14+each individual state employee employed by the state agency whose
15+salary is funded in whole or in part from donated money. Provides that
16+if the donation of money is to the secretary of state, the report shall
17+specify whether the money was or will be distributed to political
18+subdivisions for preparing, administering, or conducting elections, and,
19+if so, the specific types of uses for which the donated money will be
20+used by those political subdivisions. Requires the budget agency to
21+annually submit to the budget committee a report of the information
22+that specifies and identifies each individual state employee whose
23+(Continued next page)
24+Effective: Upon passage.
25+Brown L, Ford Jon
26+(HOUSE SPONSORS — LEONARD, LEHE)
27+January 4, 2022, read first time and referred to Committee on Appropriations.
28+January 18, 2022, amended, reported favorably — Do Pass.
29+January 27, 2022, read second time, amended, ordered engrossed.
30+January 28, 2022, engrossed.
31+January 31, 2022, read third time, passed. Yeas 49, nays 0.
32+HOUSE ACTION
33+February 7, 2022, read first time and referred to Committee on Government and Regulatory
34+Reform.
35+February 17, 2022, amended, reported — Do Pass.
36+ES 134—LS 6504/DI 120 Digest Continued
37+salary is funded in whole or in part from donated money, which must
38+be posted and made available on the Indiana transparency portal.
39+Requires all local units of government to submit to the state board of
40+accounts (SBA) a report of each individual local unit of government
41+employee employed by the local unit of government whose salary is
42+funded in whole or in part from donated money. Requires the SBA to
43+annually submit to the budget committee a report of the information
44+that specifies and identifies each individual local unit of government
45+employee whose salary is funded in whole or in part from donated
46+money, which must be made available to the public. Defines "local unit
47+of government" for purposes of the reporting requirement. Specifies
48+that the term does not include hospitals.
49+ES 134—LS 6504/DI 120ES 134—LS 6504/DI 120 February 17, 2022
150 Second Regular Session of the 122nd General Assembly (2022)
251 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
352 Constitution) is being amended, the text of the existing provision will appear in this style type,
453 additions will appear in this style type, and deletions will appear in this style type.
554 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
655 provision adopted), the text of the new provision will appear in this style type. Also, the
756 word NEW will appear in that style type in the introductory clause of each SECTION that adds
857 a new provision to the Indiana Code or the Indiana Constitution.
958 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1059 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 134
12-AN ACT to amend the Indiana Code concerning state and local
13-administration.
60+ENGROSSED
61+SENATE BILL No. 134
62+A BILL FOR AN ACT to amend the Indiana Code concerning state
63+and local administration.
1464 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 3-5-3-1, AS AMENDED BY P.L.109-2021,
65+1 SECTION 1. IC 3-5-3-1, AS AMENDED BY P.L.109-2021,
66+2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
67+3 UPON PASSAGE]: Sec. 1. (a) Except as provided in sections 7
68+4 through 10 of this chapter, the county auditor shall pay the expenses of
69+5 voter registration and for all election supplies, equipment, and expenses
70+6 out of the county treasury in the manner provided by law. The county
71+7 fiscal body shall make the necessary appropriations for these purposes.
72+8 (b) The county executive shall pay to the circuit court clerk or board
73+9 of registration the expenses of:
74+10 (1) removing voters from the registration record under IC 3-7-43,
75+11 IC 3-7-45, or IC 3-7-46; and
76+12 (2) performing voter list maintenance programs under IC 3-7;
77+13 out of the county treasury without appropriation.
78+14 (c) Registration expenses incurred by a circuit court clerk or board
79+15 of registration for:
80+16 (1) the salaries of members of a board of registration appointed
81+17 under IC 3-7-12-9;
82+ES 134—LS 6504/DI 120 2
83+1 (2) the salaries of chief clerks appointed under IC 3-7-12-17; and
84+2 (3) the salaries of assistants employed under IC 3-7-12-19;
85+3 may not be charged to a municipality. However, the municipality may
86+4 be charged for wages of extra persons employed to provide additional
87+5 assistance reasonably related to the municipal election.
88+6 (d) A political subdivision that conducts or administers an election
89+7 may not:
90+8 (1) accept private money donations; or
91+9 (2) receive or expend funds received;
92+10 from a person for preparing, administering, or conducting elections or
93+11 employing individuals on a temporary basis for the purpose of
94+12 preparing, administering, or conducting elections, including
95+13 registering voters. This subsection does not prohibit a political
96+14 subdivision from receiving or expending funds from the state or from
97+15 the federal government to prepare for, administer, or conduct an
98+16 election.
99+17 SECTION 2. IC 4-12-1-21 IS ADDED TO THE INDIANA CODE
100+18 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
101+19 UPON PASSAGE]: Sec. 21. (a) To ensure transparency in state
102+20 government, on or before June 30, 2022, and on or before June 30
103+21 of each year thereafter, all state agencies shall submit to the budget
104+22 agency a report of each individual state employee employed by the
105+23 state agency whose salary is funded in whole or in part from
106+24 donated money.
107+25 (b) If the donation of money is to the secretary of state, the
108+26 report shall specify whether the money was or will be distributed
109+27 to political subdivisions for preparing, administering, or
110+28 conducting elections, and, if so, the specific types of uses for which
111+29 the donated money will be used by those political subdivisions.
112+30 (c) On or before December 1, 2022, and on or before December
113+31 1 of each year thereafter, the budget agency shall annually submit
114+32 to the budget committee a report of the information submitted
115+33 under subsections (a) and (b) that specifies and identifies each
116+34 individual state employee whose salary is funded in whole or in
117+35 part from donated money.
118+36 (d) Before January 31, 2023, and before January 31 of each year
119+37 thereafter, the report submitted under subsection (c) in the
120+38 preceding year shall be posted and made available on the Indiana
121+39 transparency Internet web site established under IC 5-14-3.5-2.
122+40 SECTION 3. IC 5-14-3.5-2, AS AMENDED BY P.L.177-2013,
123+41 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
124+42 UPON PASSAGE]: Sec. 2. (a) The auditor of state, working with the
125+ES 134—LS 6504/DI 120 3
126+1 office of technology established by IC 4-13.1-2-1, or another
127+2 organization that is part of a state educational institution, and the office
128+3 of management and budget established by IC 4-3-22-3, shall post on
129+4 the Indiana transparency Internet web site the following data:
130+5 (1) A listing of state expenditures and fund balances, including
131+6 expenditures for contracts, grants, and leases.
132+7 (2) A listing of state owned real and personal property that has a
133+8 value of more than twenty thousand dollars ($20,000).
134+9 The web site must be electronically searchable by the public and must
135+10 be intuitive to users of the web site.
136+11 (b) The data base must include for each state agency:
137+12 (1) the amount, date, payer, and payee of expenditures;
138+13 (2) a listing of state expenditures by:
139+14 (A) personal services;
140+15 (B) other operating expenses; or
141+16 (C) total operating expenses;
142+17 to reflect how the funds were appropriated in the state budget act;
143+18 (3) a listing of state fund balances; and
144+19 (4) a listing of property owned by the state; and
145+20 (5) the information report required under IC 4-12-1-21(c).
146+21 (c) The data base must include for each state educational institution
147+22 a listing of the annual salaries for employees of the state educational
148+23 institution.
149+24 SECTION 4. IC 36-1-30 IS ADDED TO THE INDIANA CODE AS
150+25 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
151+26 PASSAGE]:
152+27 Chapter 30. Reporting of Donated Money Used to Fund Salaries
153+28 Sec. 1. As used in this chapter, "local unit of government"
154+29 means any county, city, town, township, political subdivision, or
155+30 other entity exercising in a limited geographical area the executive,
156+31 administrative, or legislative power of the local government power.
157+32 The term does not include a hospital organized or operated under
158+33 IC 16-22-1 through IC 16-22-5, IC 16-22-8, or IC 16-23-1.
159+34 Sec. 2. (a) On or before January 31, all local units of
160+35 government shall annually submit to the state board of accounts a
161+36 report of each individual local unit of government employee
162+37 employed by the local unit of government whose salary is funded
163+38 in whole or in part from donated money.
164+39 (b) The state board of accounts shall annually submit to the
165+40 budget committee a report of the information submitted under
166+41 subsection (a) that specifies and identifies each individual local unit
167+42 of government employee whose salary is funded in whole or in part
168+ES 134—LS 6504/DI 120 4
169+1 from donated money.
170+2 (c) The report submitted under subsection (b) shall be submitted
171+3 in a manner consistent with IC 5-14-3.8-7 and made available to
172+4 the public.
173+5 SECTION 5. An emergency is declared for this act.
174+ES 134—LS 6504/DI 120 5
175+COMMITTEE REPORT
176+Madam President: The Senate Committee on Appropriations, to
177+which was referred Senate Bill No. 134, has had the same under
178+consideration and begs leave to report the same back to the Senate with
179+the recommendation that said bill be AMENDED as follows:
180+Page 1, between the enacting clause and line 1, begin a new
181+paragraph and insert:
182+"SECTION 1. IC 3-5-3-1, AS AMENDED BY P.L.109-2021,
16183 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17184 UPON PASSAGE]: Sec. 1. (a) Except as provided in sections 7
18185 through 10 of this chapter, the county auditor shall pay the expenses of
19186 voter registration and for all election supplies, equipment, and expenses
20187 out of the county treasury in the manner provided by law. The county
21188 fiscal body shall make the necessary appropriations for these purposes.
22189 (b) The county executive shall pay to the circuit court clerk or board
23190 of registration the expenses of:
24191 (1) removing voters from the registration record under IC 3-7-43,
25192 IC 3-7-45, or IC 3-7-46; and
26193 (2) performing voter list maintenance programs under IC 3-7;
27194 out of the county treasury without appropriation.
28195 (c) Registration expenses incurred by a circuit court clerk or board
29196 of registration for:
30197 (1) the salaries of members of a board of registration appointed
31198 under IC 3-7-12-9;
32199 (2) the salaries of chief clerks appointed under IC 3-7-12-17; and
33200 (3) the salaries of assistants employed under IC 3-7-12-19;
34201 may not be charged to a municipality. However, the municipality may
35202 be charged for wages of extra persons employed to provide additional
36-SEA 134 — Concur 2
37203 assistance reasonably related to the municipal election.
38204 (d) A political subdivision that conducts or administers an election
39205 may not:
40206 (1) accept private money donations; or
41207 (2) receive or expend funds received;
42208 from a person for preparing, administering, or conducting elections or
43209 employing individuals on a temporary basis for the purpose of
44210 preparing, administering, or conducting elections, including
45211 registering voters. This subsection does not prohibit a political
46212 subdivision from receiving or expending funds from the state or from
47213 the federal government to prepare for, administer, or conduct an
48-election.
49-SECTION 2. IC 4-12-1-21 IS ADDED TO THE INDIANA CODE
50-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
51-UPON PASSAGE]: Sec. 21. (a) To ensure transparency in state
52-government, on or before June 30, 2022, and on or before June 30
53-of each year thereafter, all state agencies shall submit to the budget
214+election.".
215+Page 1, line 3, delete "and".
216+ES 134—LS 6504/DI 120 6
217+Page 1, line 4, delete "local".
218+Page 1, line 4, delete "the following apply to appropriations of any"
219+and insert "on or before June 30, 2022, and on or before June 30 of
220+each year thereafter, all state agencies shall submit to the budget
54221 agency a report of each individual state employee employed by the
55222 state agency whose salary is funded in whole or in part from
56223 donated money.
57224 (b) If the donation of money is to the secretary of state, the
58225 report shall specify whether the money was or will be distributed
59226 to political subdivisions for preparing, administering, or
60227 conducting elections, and, if so, the specific types of uses for which
61228 the donated money will be used by those political subdivisions.
62229 (c) On or before December 1, 2022, and on or before December
63230 1 of each year thereafter, the budget agency shall annually submit
64231 to the budget committee a report of the information submitted
65232 under subsections (a) and (b) that specifies and identifies each
66233 individual state employee whose salary is funded in whole or in
67234 part from donated money.
68235 (d) Before January 31, 2023, and before January 31 of each year
69-thereafter, the report submitted under subsection (c) in the
236+thereafter, the report submitted under subsection (b) in the
70237 preceding year shall be posted and made available on the Indiana
71-transparency Internet web site established under IC 5-14-3.5-2.
72-SECTION 3. IC 5-14-3.5-2, AS AMENDED BY P.L.177-2013,
238+transparency Internet web site established under IC 5-14-3.5-2.".
239+Page 1, delete lines 5 through 16, begin a new paragraph and insert:
240+"SECTION 3. IC 5-14-3.5-2, AS AMENDED BY P.L.177-2013,
73241 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
74242 UPON PASSAGE]: Sec. 2. (a) The auditor of state, working with the
75243 office of technology established by IC 4-13.1-2-1, or another
76244 organization that is part of a state educational institution, and the office
77245 of management and budget established by IC 4-3-22-3, shall post on
78246 the Indiana transparency Internet web site the following data:
79-SEA 134 — Concur 3
80247 (1) A listing of state expenditures and fund balances, including
81248 expenditures for contracts, grants, and leases.
82249 (2) A listing of state owned real and personal property that has a
83250 value of more than twenty thousand dollars ($20,000).
84251 The web site must be electronically searchable by the public and must
85252 be intuitive to users of the web site.
86253 (b) The data base must include for each state agency:
87254 (1) the amount, date, payer, and payee of expenditures;
88255 (2) a listing of state expenditures by:
89256 (A) personal services;
90257 (B) other operating expenses; or
91258 (C) total operating expenses;
259+ES 134—LS 6504/DI 120 7
92260 to reflect how the funds were appropriated in the state budget act;
93261 (3) a listing of state fund balances; and
94262 (4) a listing of property owned by the state; and
95263 (5) the information report required under IC 4-12-1-21(c).
96264 (c) The data base must include for each state educational institution
97265 a listing of the annual salaries for employees of the state educational
98266 institution.
99267 SECTION 4. IC 36-1-30 IS ADDED TO THE INDIANA CODE AS
100268 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
101269 PASSAGE]:
102270 Chapter 30. Reporting of Donated Money Used to Fund Salaries
103271 Sec. 1. As used in this chapter, "local unit of government"
104272 means any county, city, town, township, political subdivision, or
105273 other entity exercising in a limited geographical area the executive,
106274 administrative, or legislative power of the local government power.
107275 The term does not include a hospital organized or operated under
108276 IC 16-22-1 through IC 16-22-5, IC 16-22-8, or IC 16-23-1.
109-Sec. 2. (a) On or before January 31, all local units of
110-government shall annually submit to the state board of accounts a
111-report of each individual local unit of government employee
112-employed by the local unit of government whose salary is funded
113-in whole or in part from donated money.
114-(b) The state board of accounts shall annually submit to the
115-budget committee a report of the information submitted under
116-subsection (a) that specifies and identifies each individual local unit
117-of government employee whose salary is funded in whole or in part
118-from donated money.
119-(c) The report submitted under subsection (b) shall be submitted
120-in a manner consistent with IC 5-14-3.8-7 and made available to
121-the public.
122-SEA 134 — Concur 4
123-SECTION 5. An emergency is declared for this act.
124-SEA 134 — Concur President of the Senate
125-President Pro Tempore
126-Speaker of the House of Representatives
127-Governor of the State of Indiana
128-Date: Time:
129-SEA 134 — Concur
277+Sec. 2. (a) On or before June 30, 2022, and on or before June 30
278+of each year thereafter, all local units of government shall submit
279+to the department of local government finance a report of each
280+individual local unit of government employee employed by the local
281+unit of government whose salary is funded in whole or in part from
282+donated money.
283+(b) On or before December 1, 2022, and on or before December
284+1 of each year thereafter, the department of local government
285+finance shall annually submit to the budget committee a report of
286+the information submitted under subsection (a) that specifies and
287+identifies each individual local unit of government employee whose
288+salary is funded in whole or in part from donated money.
289+(c) Before January 31, 2023, and before January 31 of each year
290+thereafter, the report submitted under subsection (b) in the
291+preceding year shall be posted and made available on the
292+department of local government finance's computer gateway.".
293+Renumber all SECTIONS consecutively.
294+and when so amended that said bill do pass.
295+(Reference is to SB 134 as introduced.)
296+MISHLER, Chairperson
297+Committee Vote: Yeas 10, Nays 1.
298+ES 134—LS 6504/DI 120 8
299+SENATE MOTION
300+Madam President: I move that Senate Bill 134 be amended to read
301+as follows:
302+Page 2, line 19, after "21." insert "(a)".
303+Page 2, line 24, after "." insert "The report under this subsection
304+shall not include any other information other than the
305+identification of those employees and the amount of the employee's
306+salary that is funded by donated money.".
307+Page 2, line 37, delete "(b)" and insert "(c)".
308+Page 3, line 34, delete "On or before June 30, 2022, and on or before
309+June 30" and insert "On or before January 31,".
310+Page 3, line 35, delete "of each year thereafter,".
311+Page 3, line 35, after "shall" insert "annually".
312+Page 3, line 36, delete "department of local government finance"
313+and insert "state board of accounts".
314+Page 3, line 39, after "." insert "The report under this subsection
315+shall not include any other information other than the
316+identification of those employees and the amount of the employee's
317+salary that is funded by donated money.".
318+Page 3, line 40, delete "On or before December 1, 2022, and on or
319+before December" and insert "The state board of accounts".
320+Page 3, delete line 41.
321+Page 3, line 42, delete "finance".
322+Page 3, run in lines 40 through 42.
323+Page 4, delete lines 4 through 7, begin a new paragraph and insert:
324+ "(c) The report submitted under subsection (b) shall be
325+submitted in a manner consistent with IC 5-14-3.8-7 and made
326+available to the public.".
327+(Reference is to SB 134 as printed January 19, 2022.)
328+BROWN L
329+_____
330+COMMITTEE REPORT
331+Mr. Speaker: Your Committee on Government and Regulatory
332+Reform, to which was referred Senate Bill 134, has had the same under
333+consideration and begs leave to report the same back to the House with
334+the recommendation that said bill be amended as follows:
335+Page 2, line 24, delete "The report under this subsection shall not
336+ES 134—LS 6504/DI 120 9
337+include".
338+Page 2, delete lines 25 through 27.
339+Page 3, line 41, delete "The report under this".
340+Page 3, delete line 42.
341+Page 4, delete lines 1 through 2.
342+and when so amended that said bill do pass.
343+(Reference is to SB 134 as reprinted January 28, 2022.)
344+MILLER D
345+Committee Vote: yeas 7, nays 3.
346+ES 134—LS 6504/DI 120