CHAPTER 10. CANCELLATION AND REISSUE OF WARRANTS OUTSTANDING MORE THAN TWO YEARS
IC 4-10-10
Chapter 10. Cancellation and Reissue of Warrants OutstandingMore Than Two Years
IC 4-10-10-1
State warrants; checks issued by state agencies; outstanding andunpaid for two years; acceptance
Sec. 1. All warrants drawn by the auditor of the state of Indianaupon funds in custody of the treasurer of said state and all checksauthorized by law to be issued from funds in custody of any otherstate agency, as hereinafter defined, which such warrants or checkshave been or may hereafter be outstanding and unpaid for a period oftwo (2) or more years as of the last day of December of each yearshall be declared canceled. No individual, bank, trust company,savings association or any other financial institution shall honor,cash or accept for payment or deposit any such state warrant or anycheck issued on any account belonging to the state of Indiana whichmay be presented for payment and which has been issued andoutstanding for a period of two (2) or more years as of the last day ofDecember of any year.
(Formerly: Acts 1953, c.117, s.1.) As amended by P.L.79-1998,SEC.3.
IC 4-10-10-1.5
Indiana state teachers' retirement fund
Sec. 1.5. This chapter does not apply to benefit checks issued bythe Indiana state teachers' retirement fund.
As added by P.L.10-1993, SEC.2.
IC 4-10-10-2
Definition
Sec. 2. Other state agency shall mean and include statedepartments, bureaus, boards, commissions, divisions, penal,benevolent and educational institutions, offices or officers or anyother agency of the state authorized by law to have in custodyseparate depository accounts for the disbursement of money fromfunds or accounts not otherwise disbursed by the auditor of statefrom funds in custody of the treasurer of state.
(Formerly: Acts 1953, c.117, s.2.)
IC 4-10-10-3
List of state warrants or checks; copies; filing and preservation
Sec. 3. (a) Not later than November 16, 1953, and not later thanMarch 2 in each year thereafter, the treasurer of state and thedisbursing officer of any other state agency shall prepare or cause tobe prepared a list of all state warrants or checks which have beenoutstanding for a period of two (2) or more years as of December 31last preceding.
(b) Not less than four (4) copies of such lists shall be prepared orcaused to be prepared by the treasurer of state and the disbursing
officer of each state agency.
(c) The original list of outstanding state warrants shall be filedwith the state board of finance which shall be preserved as an officialrecord of the board and become a part of the minutes of the stateboard of finance. The duplicate copy shall be retained by thetreasurer of state. The third copy shall be transmitted to the auditorof state and the fourth copy filed with the state board of accounts.
(d) The original list prepared by other state agencies shall be filedwith the responsible head of such agency. The duplicate copy shallbe retained by the disbursing officer or person preparing the list. Thethird copy shall be transmitted to the auditor of state and the fourthcopy transmitted to the state board of accounts.
(Formerly: Acts 1953, c.117, s.3.) As amended by P.L.5-1984,SEC.32.
IC 4-10-10-4
Lists of outstanding state warrants or checks; contents
Sec. 4. Such lists so prepared shall show: the date of issue of eachwarrant or check; the serial number of each warrant or check; thefund or account upon which the warrant or check was originallydrawn; the name of the payee; the amount of each warrant or checkissued and the total amount represented by the warrants or checkslisted for each fund or account.
(Formerly: Acts 1953, c.117, s.4.)
IC 4-10-10-5
Cancelled warrant holding account; receipt of cancelled warrantsinto original fund or general fund
Sec. 5. Upon the treasurer of state's transmitting the list of suchoutstanding state warrants to the auditor of state, such auditor shallenter the amounts so listed by the treasurer as a receipt into acancelled warrant holding account in which account the funds shallbe held for a period of five (5) years. The treasurer of state shallenter such amounts in his records as a receipt into the same fund aswas done by the auditor of state and shall also remove the warrantsfrom the record of outstanding warrants. All warrants that have beenoutstanding seven (7) years as of December 31 of any year shall bereceipted into the fund from which they were originally drawn:Provided, however, That if the fund from which the warrants wereoriginally drawn is not in existence, or cannot be ascertained, theamounts of such outstanding warrants shall be receipted into thegeneral fund of the state.
(Formerly: Acts 1953, c.117, s.5; Acts 1955, c.83, s.1.)
IC 4-10-10-6
Receipt of outstanding checks into original fund or general fund
Sec. 6. As soon as the disbursing officers of other state agencieshave prepared the lists of outstanding checks as provided in sections3 and 4 of this chapter, such disbursing officer shall enter theamounts of such outstanding checks as a receipt into the fund or
account from which they were originally drawn and remove suchchecks from the record of outstanding checks; provided, that if thefund or account from which the check was originally drawn is not inexistence, the disbursing officer shall draw a check against the fundor account from which the checks were originally drawn in anamount equal to the total of such outstanding checks and pay suchamount into the general fund of the state; provided, further, that if afund is advanced to an agency and the amount of such fund is limitedto a specific amount, the amount or amounts of such canceled checksas provided in this section shall be entered as a receipt into the fundor account from which the original advancement was made.
(Formerly: Acts 1953, c.117, s.6.) As amended by P.L.5-1984,SEC.33.
IC 4-10-10-7
Presentment of cancelled warrants for payment; claim voucher;void warrants
Sec. 7. If any state warrant shall be presented for payment whichhas been declared cancelled as hereinbefore provided, the holder ofsuch warrant shall deliver it to the treasurer of state and shall file aclaim voucher stating under oath that he is the owner of the warrant,that the money is justly due him and relating the circumstances thatprevented the warrant from being presented for payment within areasonable time: Provided, however, That any warrants outstandingfor more than seven (7) years shall be considered void and norecovery shall be had. If the treasurer of state shall find the claim inorder, he shall approve the claim and shall transmit the claim to theauditor of state, who shall issue a warrant to the claimant against theholding account into which the original warrant was receipted.
(Formerly: Acts 1953, c.117, s.7; Acts 1955, c.83, s.2.)
IC 4-10-10-8
Presenting cancelled checks for payment; void checks
Sec. 8. If any check shall be presented for payment which hasbeen declared cancelled by a state agency as hereinbefore provided,the holder thereof shall deliver such check to the disbursing officerof the agency who issued it, or his successor, and shall file with suchagency a claim voucher stating under oath that he is the owner ofsaid check, that the money is justly due him and relating thecircumstances that prevented the check from being presented forpayment within a reasonable time: Provided, however, That anychecks outstanding for more than seven (7) years shall be consideredvoid. If the agency shall find the claim in order, the administrativeofficer of the agency shall approve it and cause the disbursing officerto issue a check or warrant payable to the holder of the cancelledcheck and shall charge the amount of such check so issued as refundof a cancelled check from the fund or account into which the moneywas receipted when the original check was declared cancelled.
(Formerly: Acts 1953, c.117, s.8; Acts 1955, c.83, s.3.)
IC 4-10-10-9
Lists of outstanding state warrants or checks; preservation;destruction
Sec. 9. The lists of outstanding state warrants or checkstransmitted to the auditor of state shall be retained in the office ofauditor of state for a period of ten (10) years. All other lists shall beretained until such time as they may be ordered destroyed, removed,or transferred by the commission on public records as provided byIC 5-15-5.1.
(Formerly: Acts 1953, c.117, s.9.) As amended by P.L.5-1984,SEC.34.
IC 4-10-10-10
State board of accounts; instructions and forms
Sec. 10. The state board of accounts shall prepare detailedinstructions and prescribe the necessary forms for putting into effectthe provisions of this chapter.
(Formerly: Acts 1953, c.117, s.10.) As amended by P.L.5-1984,SEC.35.
IC 4-10-10-11
Agreements to pay for assistance in recovering outstanding andunpaid check or warrant
Sec. 11. (a) This section applies to a warrant drawn by the auditorof state upon funds in custody of the treasurer of state or a checkauthorized by law to be issued from funds in custody of any otherstate agency, if the check or warrant is outstanding and unpaid, butis not determined to be unclaimed property under IC 32-34-1.
(b) An agreement for which the primary purpose is to paycompensation to locate, deliver, recover, or assist in the recovery ofa check or warrant described in subsection (a) is valid only if:
(1) the fee or compensation agreed upon is not more than tenpercent (10%) of the amount collected unless the amountcollected is fifty dollars ($50) or less;
(2) the agreement is in writing;
(3) the agreement is signed by the apparent owner of the checkor warrant described in subsection (a); and
(4) the agreement clearly sets forth:
(A) the nature and value of the property; and
(B) the value of the apparent owner's share after the fee orcompensation has been deducted.
(c) This section does not prevent an owner from asserting at anytime that an agreement to locate property is otherwise invalid.
As added by P.L.127-2000, SEC.1. Amended by P.L.2-2002, SEC.25.