2020 Indiana Code
Title 36. Local Government
Article 2. Government of Counties Generally
Chapter 6. Fiscal Administration
36-2-6-12. Drawing of Warrant on County Treasury; Notification of Depletion of Treasury; Liability of County Treasurer or County Officer; Void Agreements
Sec. 12. (a) A warrant for the payment of money may be drawn on the county treasury only if there is money in the county treasury.
(b) The county treasurer shall notify county officers authorized to draw warrants on the county treasury when there is no money in the county treasury. A county treasurer is liable on the county treasurer's official bond to persons holding county warrants if those warrants were issued:
(1) when there was no money in the county treasury; and
(2) before the county treasurer gave the notice required by this subsection.
The county treasurer is liable for the amount of those warrants, plus interest.
(c) A county officer or member of the county executive who:
(1) recklessly issues a bond, certificate, or warrant for the payment of money that would require the county to exceed its appropriation for the bond, certificate, or warrant; or
(2) enters into an agreement of any type that would require the county to exceed its appropriation for a particular purpose;
commits a Class B misdemeanor and is liable on the officer's or member's official bond to any person injured by the officer's or member's offense.
(d) An agreement of any type that:
(1) is entered into by the county executive or a county officer, agent, or employee; and
(2) would require the county to exceed its appropriation for a particular purpose;
is void.
[Pre-Local Government Recodification Citations: 17-1-24-24; 17-1-24-25; 17-3-81-4.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.31.
