Sec. 7. (a) An appropriation otherwise subject to the state spending cap limitation imposed by section 5 of this chapter shall be treated as exempt from the state spending cap limitation only if the general assembly specifically exempts the appropriation from the state spending cap in clear and unambiguous language contained in the bill making the appropriation.
(b) The following language shall be treated as meeting the requirements of subsection (a):
"The general assembly waives the state spending cap limitation imposed by IC 4-10-21-5 for the state fiscal year beginning July 1, (insert the applicable year), and ending June 30, (insert the applicable year), for the following appropriation: (insert the language of the appropriation). Notwithstanding IC 4-10-21-5(a)(1), the budget agency may allot appropriations for the appropriation without making any reduction under IC 4-10-21-5(b).".
(c) Language in a bill such as "Notwithstanding IC 4-10-21" or "IC 4-10-21 does not apply to this appropriation" shall not be treated as meeting the requirements of subsection (a). The budget agency may consider the language described in this subsection or other language that does not meet the requirements of subsection (a) only in determining which appropriations to make available for expenditure under section 5(b) of this chapter.
As added by P.L.192-2002(ss), SEC.4.
Structure Indiana Code
Title 4. State Offices and Administration
Article 10. State Funds Generally
Chapter 21. Business Cycle State Spending Controls
4-10-21-1. "State Spending Cap" Defined
4-10-21-2. State Spending Cap Formula
4-10-21-3. State Spending Growth Quotient; Calculation by Budget Agency
4-10-21-4. Determination of Indiana Nonfarm Personal Income
4-10-21-5. Prohibition on Spending Exceeding State Spending Cap
4-10-21-6. Exclusions From State Spending Cap