§ 4-12-1-12 — Appropriation lists; allotment system; transfer; emergency or contingency appropriations

(a) Within forty-five (45) days following the
adjournment of the regular session of the general assembly, the budget
agency shall examine the acts of such general assembly and, with the
aid of its own records and those of the budget committee, shall prepare
a complete list of all appropriations made by law for the budget period
beginning on July 1 following such regular session, or so made for such
other period as is provided in the appropriation. While such list is being
made by it the budget agency shall review and analyze the fiscal status
and affairs of the state as affected by such appropriations. A written
report thereof shall be made and signed by the budget director and shall
be transmitted to the governor and the state comptroller. The report
shall be transmitted in an electronic format under IC 5-14-6 to the
general assembly.
(b) Not later than the first day of June of each calendar year, the
budget agency shall prepare a list of all appropriations made by law for
expenditure or encumbrance during the fiscal year beginning on the
first day of July of that calendar year.
(c) Within sixty (60) days following the adjournment of any special
session of the general assembly, or within such shorter period as the
circumstances may require, the budget agency shall prepare for and
transmit to the governor and members of the general assembly and the
state comptroller, like information and a list of sums appropriated, all
as is done upon the adjournment of a regular session, pursuant to
subsections (a) and (b) to the extent the same are applicable. The
budget agency shall transmit any information under this subsection to
the general assembly in an electronic format under IC 5-14-6.
(d) The budget agency shall administer the allotment system
provided in IC 4-13-2-18.
(e) The budget agency may transfer, assign, and reassign any
appropriation or appropriations, or parts of them, excepting those
appropriations made to the Indiana state teacher's retirement fund
established by IC 5-10.4-2, made for one (1) specific use or purpose to
another use or purpose of the agency of state to which the appropriation
is made, but only when the uses and purposes to which the funds
transferred, assigned and reassigned are uses and purposes the agency
of state is by law required or authorized to perform. No transfer may be
made as in this subsection authorized unless upon the request of and
with the consent of the agency of state whose appropriations are
involved. Except to the extent otherwise specifically provided, every
appropriation made and hereafter made and provided for any specific
use or purpose of an agency of the state is and shall be construed to be
an appropriation to the agency, for all other necessary and lawful uses
and purposes of the agency, subject to the aforesaid request and
consent of the agency and concurrence of the budget agency. Whenever
the budget agency makes a determination to transfer, assign, or
reassign any appropriation or appropriations or parts of them from one
(1) dedicated fund to another or to the state general fund, the budget
agency shall notify the budget committee within thirty (30) days and
state the reason for the transfer.
(f) One (1) or more emergency or contingency appropriations for
each fiscal year or for the budget period may be made to the budget
agency. Such appropriations shall be in amounts definitely fixed by
law, or ascertainable or determinable according to a formula, or
according to appropriate provisions of law taking into account the
revenues and income of the agency of state. No transfer shall be made
from any such appropriation to the regular appropriation of an agency
of the state except upon an order of the budget agency made pursuant
to the authority vested in it hereby or otherwise vested in it by law.
Formerly: Acts 1961, c.123, s.12; Acts 1972, P.L.31, SEC.1. As
amended by Acts 1977, P.L.28, SEC.12; P.L.28-2004, SEC.36;
P.L.2-2006, SEC.6; P.L.146-2008, SEC.13; P.L.205-2013, SEC.63;
P.L.9-2024, SEC.75.