IC 5-11-10.5
Chapter 10.5. Disposition of Warrants and Checks
IC 5-11-10.5-1
"Political subdivision" defined
Sec. 1. As used in this chapter:
"Political subdivision" means county, township, city, town, school
corporation, library district, fire protection district, public
transportation corporation, local hospital authority or corporation,
local airport authority district, special service district, special taxing
district, or other separate local governmental entity that may sue and
be sued.
As added by Acts 1980, P.L.8, SEC.47.
IC 5-11-10.5-2
Outstanding unpaid warrants or checks void
Sec. 2. All warrants or checks drawn upon public funds of a
political subdivision that are outstanding and unpaid for a period of
two (2) or more years as of the last day of December of each year are
void. No individual, bank, trust company, building and loan
association, or any other financial institution may honor, cash, or
accept for payment or deposit any such warrant or check which may
be presented for payment and which has been issued and outstanding
for a period of two (2) or more years as of the last day of December
of any year.
As added by Acts 1980, P.L.8, SEC.47. Amended by P.L.64-1999,
SEC.1.
IC 5-11-10.5-3
List of outstanding warrants or checks
Sec. 3. Not later than March 1 of each year, the treasurer of each
political subdivision shall prepare or cause to be prepared a list in
triplicate of all warrants or checks that have been outstanding for a
period of two (2) or more years as of December 31 of the preceding
year. The original copy of each list shall be filed with the:
(1) board of finance of a political subdivision; or
(2) fiscal body of a city or town.
The duplicate copy shall be transmitted to the disbursing officer of
the political subdivision. The triplicate copy of each list shall be filed
in the office of the treasurer of the political subdivision. If the
treasurer serves also as the disbursing officer of the political
subdivision, only two (2) copies of each list need be prepared or
caused to be prepared by the treasurer.
As added by Acts 1980, P.L.8, SEC.47. Amended by P.L.35-1999,
SEC.2.
IC 5-11-10.5-4
Content of list
Sec. 4. Each list prepared under section 3 of this chapter must
show:
(1) the date of issue of each warrant or check;
(2) the fund upon which the warrant or check was originally
drawn;
(3) the name of the payee;
(4) the amount of each warrant or check issued; and
(5) the total amount represented by the warrants or checks listed
for each fund.
As added by Acts 1980, P.L.8, SEC.47.
IC 5-11-10.5-5
Procedure upon receipt of list
Sec. 5. (a) Upon the preparation and transmission of the copies of
the list of the outstanding warrants or checks, the treasurer of the
political subdivision shall enter the amounts so listed as a receipt into
the fund or funds from which they were originally drawn and shall
also remove the warrants or checks from the record of outstanding
warrants or checks.
(b) If the disbursing officer does not serve also as treasurer of the
political subdivision, the disbursing officer shall also enter the
amounts so listed as a receipt into the fund or funds from which the
warrants or checks were originally drawn. If the fund from which the
warrant or check was originally drawn is not in existence, or cannot
be ascertained, the amount of the outstanding warrant or check shall
be receipted into the general fund of the political subdivision.
As added by Acts 1980, P.L.8, SEC.47.
IC 5-11-10.5-6
Repealed
(Repealed by P.L.64-1999, SEC.2.)
IC 5-11-10.5-7
Agreements to pay for assistance in recovering outstanding and
unpaid check or warrant
Sec. 7. (a) This section applies to a warrant or a check drawn from
the public funds of a political subdivision, if the check or warrant is
outstanding and unpaid, but is not determined to be unclaimed
property under IC 32-34-1.
(b) An agreement for which the primary purpose is to pay
compensation to locate, deliver, recover, or assist in the recovery of
a check or warrant described in subsection (a) is valid only if:
(1) the fee or compensation agreed upon is not more than ten
percent (10%) of the amount collected unless the amount
collected is fifty dollars ($50) or less;
(2) the agreement is in writing;
(3) the agreement is signed by the apparent owner; 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 or
compensation has been deducted.
(c) This section does not prevent an owner from asserting at any
time that an agreement to locate property is otherwise invalid.
As added by P.L.127-2000, SEC.2. Amended by P.L.2-2002, SEC.33.