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.

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B misdemeanorup to 180 daysup to $1,000
For details, see Ind. Code § 35-50-3-3
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Terms Used In Indiana Code 36-2-6-12

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
     (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.

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