(a)During the interval between sessions of
the general assembly, the budget agency shall make regular or, at the
request of the governor, special inspections of the respective
institutions of the state supported by public funds. The budget agency
shall report regularly to the governor relative to the physical condition
of such institutions, and any contemplated action of the institution on
a new or important matter, and on any other subject which the budget
agency may deem pertinent or on which the governor may require
information. The budget agency shall likewise familiarize itself with
the best and approved practices in each of such institutions and supply
such information to other institutions to make their operation more
efficient and economical.
(b)Except as to officers and employee
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(a) During the interval between sessions of
the general assembly, the budget agency shall make regular or, at the
request of the governor, special inspections of the respective
institutions of the state supported by public funds. The budget agency
shall report regularly to the governor relative to the physical condition
of such institutions, and any contemplated action of the institution on
a new or important matter, and on any other subject which the budget
agency may deem pertinent or on which the governor may require
information. The budget agency shall likewise familiarize itself with
the best and approved practices in each of such institutions and supply
such information to other institutions to make their operation more
efficient and economical.
(b) Except as to officers and employees of state educational
institutions, the executive secretary of the governor, the administrative
assistants to the governor, the elected officials, and persons whose
salaries or compensation are fixed by the governor pursuant to law, the
annual compensation of all persons employed by agencies of the state
shall be subject to the approval of the budget agency. Except as
otherwise provided by IC 4-15-2.2, the budget agency shall establish
classifications and schedules for fixing compensation, salaries, and
wages of all classes and types of employees of any state agency or state
agencies, and any and all other such classifications affecting
compensation as the budget agency shall deem necessary or desirable.
The classifications and schedules thus established shall be filed in the
office of the budget agency. Requests by an appointing authority for
salary and wage adjustments or personal service payments coming
within such classifications and schedules shall become effective when
approved by, and upon the terms of approval fixed by, the budget
agency. All personnel requests pertaining to the staffing of programs
or agencies supported in whole or in part by federal funds are subject
to review and approval by the state personnel department under IC 4-15-2.2.
(c) The budget agency shall review and approve, for the sufficiency
of funds, all payments for personal services which are submitted to the
state comptroller for payment.
(d) The budget agency shall review all contracts for personal
services or other services and no contract for personal services or other
services may be entered into by any agency of the state before the
written approval of the budget agency is given. Each demand for
payment submitted by an agency to the state comptroller under these
contracts must be accompanied by a copy of the budget agency
approval. No payment may be made by the state comptroller without
such approval. However, this subsection does not apply to a contract
entered into by:
(1) a state educational institution; or
(2) an agency of the state if the contract is not required to be
approved by the budget agency under IC 4-13-2-14.1.
(e) The budget agency shall review and approve the policy and
procedures governing travel prepared by the department of
administration under IC 4-13-1, before the travel policies and
procedures are distributed.
(f) Except as provided in subsections (g), (h), and (i), the budget
agency may adopt such policies and procedures not inconsistent with
law as it may deem advisable to facilitate and carry out the powers and
duties of the agency, including the execution and administration of all
appropriations made by law. IC 4-22-2 does not apply to these policies
and procedures.
(g) The budget agency may not enforce or apply any policy or
procedure, unless specifically authorized by this chapter or an
applicable statute, against or in relation to the following officials or
agencies, unless the official or agency consents to comply with the
policy or procedure, or emergency circumstances justify extraordinary
measures to protect the state's budget or fiscal reserves:
(1) The judicial department of the state.
(2) The general assembly, the legislative services agency, or any
other entity of the legislative department of the state.
(3) The attorney general.
(4) The state comptroller.
(5) The secretary of state.
(6) The treasurer of state.
(h) The budget agency may not enforce a policy or procedure
against an official or an agency specified in subsection (g)(1) through
(g)(6) by refusing to allot money from the state agency contingency
fund to the official or agency without review by the budget committee.
(i) The budget agency may not withhold or refuse to allot
appropriations for a state educational institution without review by the
budget committee.
Formerly: Acts 1961, c.123, s.13; Acts 1971, P.L.25, SEC.1. As
amended by Acts 1977, P.L.28, SEC.13; P.L.3-1989, SEC.17;
P.L.26-1989, SEC.1; P.L.1-2005, SEC.58; P.L.2-2007, SEC.28;
P.L.100-2012, SEC.2; P.L.205-2013, SEC.64; P.L.213-2015, SEC.42;
P.L.219-2017, SEC.11; P.L.8-2019, SEC.10; P.L.43-2021, SEC.14;
P.L.165-2021, SEC.40; P.L.220-2021, SEC.1; P.L.9-2024,
SEC.76.