CHAPTER 5. GENERAL PROVISIONS
IC 5-13-5
Chapter 5. General Provisions
IC 5-13-5-1
Cashbook; duties of public officers; public inspection
Sec. 1. (a) Every public officer who receives or distributes publicfunds shall:
(1) keep a cashbook into which the public officer shall enterdaily, by item, all receipts of public funds; and
(2) balance the cashbook daily to show funds on hand at theclose of each day.
(b) The cashbook is a public record and is open to publicinspection in accordance with IC 5-14-3.
As added by P.L.19-1987, SEC.7.
IC 5-13-5-2
Application of section to public funds other than state funds;warrants for payment of public funds; copy of warrant; dispositionof warrant
Sec. 2. (a) This section applies to public funds other than statefunds. In all political subdivisions where the fiscal officer andinvesting officer are two (2) separate individuals by law, all warrantsfor the payment of public funds shall be drawn by the proper publicofficer upon the proper treasurer. In all political subdivisions wherethe fiscal officer and investing officer are the same individual by law,all warrants shall be drawn by the fiscal officer directly against adepository. A copy of the warrant shall be attached to each warrantwhen drawn. The copy of the warrant shall be readily detachable andshall show the following information:
(1) The number of the warrant.
(2) The date and amount of the warrant.
(3) The name of the payee.
(4) The purpose of the warrant.
(5) The name and office of the drawer.
(6) The fund and the appropriation upon which the warrant isdrawn.
(b) In all political subdivisions where the fiscal officer andinvesting officer are two (2) separate individuals by law, warrantsshall be presented by the proper public officer to the proper treasurer,who shall detach and retain the copy of the warrant, countersign theoriginal, and stamp upon the original the name of the depository bywhich it is payable. A warrant is effective only if it is stamped andcountersigned as provided in this subsection. After countersignatureand stamping, all warrants shall be returned to the proper publicofficer for distribution. The proper treasurer, when any warrant ispresented for payment by any person other than a depository, may,for convenience of the persons presenting the warrant, pay theamount of the warrant to the holder, take an assignment byendorsement of the warrant, and deposit the warrant in the properdepository in lieu of the cash paid out to the holder of the warrant.As added by P.L.19-1987, SEC.7.
IC 5-13-5-3
Drawing warrant
Sec. 3. All warrants for the payment of public funds of the stateshall be drawn by the auditor of state on the treasurer of state.
As added by P.L.19-1987, SEC.7.
IC 5-13-5-4
Signature of authorized public officers on check or negotiableorder of withdrawal; purposes
Sec. 4. (a) All checks or negotiable orders of withdrawal drawnupon depositories shall be signed by public officers authorized tosign the check or negotiable order of withdrawal in the officer'sofficial capacity. All funds paid out of the state treasury must be bycheck or negotiable order of withdrawal of the state treasurer uponthe warrant of the auditor of state.
(b) A public officer may draw a check or negotiable order ofwithdrawal upon a depository only for the following purposes:
(1) The payment of a warrant drawn by the auditor of state.
(2) The payment of a warrant drawn by the fiscal officer of apolitical subdivision, where the fiscal officer and investingofficer are two (2) separate individuals by law.
(3) The payment of a legal claim against a political subdivisionwhere the fiscal officer and investing officer are the sameindividual by law.
(4) An investment authorized under this article.
(5) The transfer of funds between depositories.
As added by P.L.19-1987, SEC.7. Amended by P.L.18-1996, SEC.5.
IC 5-13-5-5
Transacting business with financial institution or public retirementfund through use of electronic funds transfer; ordinance orresolution
Sec. 5. (a) The fiscal body of any political subdivision may byordinance or resolution authorize the proper legal officers of thepolitical subdivision to transact the political subdivision's businesswith a financial institution or a retirement fund administered by thepublic employees' retirement fund through the use of electronic fundstransfer.
(b) The ordinance or resolution must:
(1) specify the types of transactions that may be conducted byelectronic funds transfer; and
(2) require the proper officers to maintain adequatedocumentation of the transactions so that they may be auditedas provided by law.
As added by P.L.19-1987, SEC.7. Amended by P.L.61-2002, SEC.9.
IC 5-13-5-6
Financial institution continuation qualification as depository Sec. 6. (a) A financial institution that is a depository for the stateon March 21, 1996, and any successor financial institution, continuesto be a depository for the state after March 21, 1996, withoutreapplying under IC 5-13-10.5, until the earliest of the followingoccurs:
(1) The board of depositories revokes the status of the financialinstitution as a depository.
(2) The financial institution notifies the state board of financethat the financial institution is resigning as a depository for thestate.
(3) Another law terminates the depository status of the financialinstitution.
A financial institution that qualifies under this subsection as adepository for the state after March 21, 1996, shall be treated afterMarch 21, 1996, as if the financial institution were designated as adepository under IC 5-13-10.5.
(b) A financial institution that is a depository for a politicalsubdivision on March 21, 1996, and any successor financialinstitution continues to be a depository for the political subdivisionafter March 21, 1996, without reapplying under IC 5-13-10.5 orIC 5-13-8-1, until the earliest of the following occurs:
(1) The state board of finance revokes the status of the financialinstitution as a depository.
(2) The financial institution notifies the state board of financeor the local board of finance for the political subdivision thatthe financial institution is resigning as a depository for thepolitical subdivision.
(3) Another law terminates the depository status of the financialinstitution.
A financial institution that qualifies under this subsection as adepository for a political subdivision after March 21, 1996, shall betreated after March 21, 1996, as if the financial institution weredesignated as a depository under IC 5-13-8.
(c) Subject to IC 5-13-8-9, a financial institution that is adepository for the state on March 21, 1996, and any successorfinancial institution is eligible after March 21, 1996, to become adepository for any political subdivision for which the financialinstitution is not already a depository without reapplying underIC 5-13-10.5 or IC 5-13-8-1. A financial institution that qualifiesunder this subsection as a depository for a political subdivision afterMarch 21, 1996, shall be treated after March 21, 1996, as if thefinancial institution were designated as a depository under IC 5-13-8.
(d) The treasurer of state shall add any financial institution thatqualifies as a depository for political subdivisions under subsection(b) or (c) to the list of depositories eligible to receive the publicfunds of political subdivisions under IC 5-13-8-1.
As added by P.L.16-2009, SEC.12.