2016 Indiana Code
TITLE 5. STATE AND LOCAL ADMINISTRATION
ARTICLE 13. INVESTMENT OF PUBLIC FUNDS
CHAPTER 6. DEPOSIT OF PUBLIC FUNDS
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IC 5-13-6
Chapter 6. Deposit of Public Funds
IC 5-13-6-1
Procedure for deposit of public funds
Sec. 1. (a) All public funds paid into the treasury of the state or
the treasuries of the respective political subdivisions shall be
deposited not later than the business day following the receipt of
funds on business days of the depository in one (1) or more
depositories in the name of the state or political subdivision by the
officer having control of the funds.
(b) Except as provided in subsections (d), (f), and (g), all public
funds collected by state officers, other than the treasurer of state,
shall be deposited with the treasurer of state, or an approved
depository selected by the treasurer of state not later than the
business day following the receipt of the funds. The treasurer of state
shall deposit daily on business days of the depository all public funds
deposited with the treasurer of state. Deposits do not relieve any state
officer from the duty of maintaining a cashbook under IC 5-13-5-1.
(c) Except as provided in subsections (d) and (g), all local
officers, except township trustees, who collect public funds of their
respective political subdivisions, shall deposit funds not later than
the business day following the receipt of funds on business days of
the depository in the depository or depositories selected by the
several local boards of finance that have jurisdiction of the funds.
The public funds collected by township trustees shall be deposited in
the designated depository on or before the first and fifteenth day of
each month. Public funds deposited under this subsection shall be
deposited in the same form in which they were received.
(d) Except as provided in subsection (g), a city (other than a
consolidated city) or a town shall deposit funds not later than the
next business day following the receipt of the funds in depositories:
(1) selected by the city or town as provided in an ordinance
adopted by the city or the town; and
(2) approved as depositories of state funds.
(e) All local investment officers shall reconcile at least monthly
the balance of public funds, as disclosed by the records of the local
officers, with the balance statements provided by the respective
depositories.
(f) An office of:
(1) the department of natural resources; or
(2) the department of state revenue;
that is detached from the main office of the department is not
required to deposit funds on the business day following receipt if the
funds on hand do not exceed five hundred dollars ($500). However,
the office must deposit the funds on hand not later than the business
day following the day that the funds exceed five hundred dollars
($500).
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(g) The following are not required to deposit funds on the
business day following receipt if the funds on hand do not exceed
five hundred dollars ($500):
(1) An office of the legislative branch of state government.
(2) A local officer of a political subdivision required to deposit
funds under subsection (c) other than a township trustee.
(3) A city or a town required to deposit funds under subsection
(d).
However, the funds on hand must be deposited not later than the
business day following the day that the funds exceed five hundred
dollars ($500).
As added by P.L.19-1987, SEC.8. Amended by P.L.45-1990, SEC.1;
P.L.45-1991, SEC.1; P.L.18-1994, SEC.3; P.L.18-1996, SEC.6;
P.L.10-1997, SEC.7; P.L.35-1999, SEC.4; P.L.234-2007, SEC.295;
P.L.151-2012, SEC.4; P.L.139-2015, SEC.1.
IC 5-13-6-2
Fees collected for services rendered
Sec. 2. In all cases where law provides that any state officer
collects any fee for any service rendered or examination made, and
the fee collected is appropriated to pay the salary, per diem, or the
expenses of any state officer for rendering the service or making the
examination, the state officer shall deposit the fees, under section 1
of this chapter, and the salary, per diem, and expenses on account of
the services shall be paid out of the state treasury upon an account
filed and approved as provided by law. The salary, per diem, and
expenses must not exceed the fees collected and paid into the state
treasury unless otherwise provided by law.
As added by P.L.19-1987, SEC.8.
IC 5-13-6-3
Taxes collected by county treasurer; deposit; advance by county
auditor to political subdivisions; semiannual distribution
Sec. 3. (a) All taxes collected by the county treasurer shall be
deposited as one (1) fund in the several depositories selected for the
deposit of county funds and, except as provided in subsection (b),
remain in the depositories until distributed at the following
semiannual distribution made by the county auditor.
(b) Every county treasurer who, by virtue of the treasurer's office,
is the collector of any taxes for any political subdivision wholly or
partly within the county shall, not later than thirty (30) days after
receipt of a written request for funds filed with the treasurer by a
proper officer of any political subdivision within the county, provide
to the county auditor the amount available for distribution, as
certified for each semiannual distribution under IC 6-1.1-27-2. The
county auditor shall advance to that political subdivision a portion of
the taxes collected before the semiannual distribution. The amount
advanced may not exceed the lesser of:
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(1) ninety-five percent (95%) of the total amount collected at
the time of the advance; or
(2) ninety-five percent (95%) of the amount to be distributed at
the semiannual distribution.
(c) Upon notice from the county treasurer of the amount to be
advanced, the county auditor shall draw a warrant upon the county
treasurer for the amount. The amount of the advance must be
available immediately for the use of the political subdivision.
(d) At the semiannual distribution all the advances made to any
political subdivision under subsection (b) shall be deducted from the
total amount due any political subdivision as shown by the
distribution.
(e) If a county auditor fails to make a distribution of tax
collections by the deadline for distribution under subsection (b), a
political subdivision that was to receive a distribution may recover
interest on the undistributed tax collections under IC 6-1.1-27-1.
As added by P.L.19-1987, SEC.8. Amended by P.L.245-2003, SEC.1;
P.L.146-2008, SEC.38; P.L.89-2010, SEC.1; P.L.166-2014, SEC.1.
IC 5-13-6-4
Support payments; clerk of circuit court may elect not to follow
accounting and depository procedure prescribed; prenumbered
receipts and support cashbook
Sec. 4. (a) Notwithstanding section 1 of this chapter, the clerk of
a circuit court, in accounting for and disbursing support payments
made through the clerk in accordance with IC 31-16-9 (or
IC 31-1-11.5-13, IC 31-6-6.1-16, or IC 31-14-11-11, before their
repeal) may elect not to follow the accounting and depository
procedures required by this chapter.
(b) If the clerk of a circuit court elects under subsection (a) not to
follow the accounting and depository procedures required by this
chapter, the clerk shall issue prenumbered receipts and keep a
support cashbook for daily entry, by item, of all receipts and
disbursements of support payments made through the clerk. The
support receipts and cashbook are public records to be kept on forms
prescribed by the state board of accounts, and shall be balanced
daily.
As added by P.L.19-1987, SEC.8. Amended by P.L.65-1989, SEC.1;
P.L.1-1997, SEC.35; P.L.207-2013, SEC.5.
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