Indiana Code 5-11-10-1.6. Payment of claims; requirements for issuance of warrant or check by fiscal officer
(1) A municipality (as defined in IC 36-1-2-11).
Terms Used In Indiana Code 5-11-10-1.6
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- entity: means any provider of goods, services, or other benefits that is:
Indiana Code 5-11-1-16
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- municipality: means any county, township, city, town, school corporation, special taxing district, or other political subdivision of Indiana. See Indiana Code 5-11-1-16
- state: means any board, commission, department, division, bureau, committee, agency, governmental subdivision, military body, authority, or other instrumentality of the state, but does not include a municipality. See Indiana Code 5-11-1-16
(3) A county.
(4) A regional water or sewer district organized under IC 13-26 or under IC 13-3-2 (before its repeal).
(5) A municipally owned utility that is subject to IC 8-1.5-3 or IC 8-1.5-4.
(6) A board of an airport authority under IC 8-22-3.
(7) A board of aviation commissioners under IC 8-22-2.
(8) A conservancy district.
(9) A public transportation corporation under IC 36-9-4.
(10) A commuter transportation district under IC 8-5-15.
(11) The state.
(12) A solid waste management district established under IC 13-21 or IC 13-9.5 (before its repeal).
(13) A levee authority established under IC 14-27-6.
(14) A county building authority under IC 36-9-13.
(15) A soil and water conservation district established under IC 14-32.
(16) The northwestern Indiana regional planning commission established by IC 36-7-7.6-3.
(b) As used in this section, “claim” means a bill or an invoice submitted to a governmental entity for goods or services.
(c) The fiscal officer of a governmental entity may not draw a warrant or check for payment of a claim unless all of the following apply:
(1) There is a fully itemized invoice or bill for the claim.
(2) The invoice or bill is approved by the officer or person receiving the goods and services.
(3) The invoice or bill is filed with the governmental entity’s fiscal officer.
(4) The fiscal officer audits and certifies before payment that the invoice or bill is true and correct.
(5) Payment of the claim is allowed by the governmental entity’s legislative body or the board or official having jurisdiction over allowance of payment of the claim.
(d) Notwithstanding subsection (c), the following are permitted:
(1) A school corporation, with prior approval of the board having jurisdiction over allowance of payment of the claim, may make payment in advance of receipt of services as allowed by guidelines developed under IC 20-20-13-10.
(2) A municipality may make advance payment of meal expenses to a municipal employee who will be traveling on official municipal business if the municipal fiscal body has adopted an ordinance allowing the advance payment. An ordinance adopted under this subdivision must provide for all of the following:
(A) The maximum amount that may be paid in advance.
(B) The required invoices and other documentation that must be submitted by the municipal employee.
(C) Reimbursement from the wages of the municipal employee if the municipal employee does not submit the required invoices and documentation.
(3) A political subdivision (as defined in IC 36-1-2-13) may make advance payments to contractors to enable the contractors to purchase materials needed for a public works project of the political subdivision. The solicitation for the public works contract providing for advance payment for contractors under this subdivision must include the following information:
(A) That the political subdivision will make advance payments to contractors to enable contractors to purchase materials.
(B) Any limitations on the amount of advance payments that will be made.
(C) Requirements for documentation relating to making advance payments to contractors for materials.
(D) Any other information about advance payment for materials the political subdivision considers useful to contractors that make offers.
(4) A political subdivision (as defined in IC 36-1-2-13) may make advance payments for goods or services before the goods are delivered or services are completed if the fiscal body of the political subdivision authorizes making advance payments. If the fiscal body of the political subdivision authorizes making advance payments, the local fiscal officer or the local fiscal officer’s designee must do all of the following when advance payments are made:
(A) Track prepayments by defining the prepayment on a purchase order.
(B) Create a prepayment invoice that is associated with the purchase order.
(C) Require insurance or a surety bond in the amount of the prepayment if the amount of the prepayment is more than one hundred fifty thousand dollars ($150,000).
(e) Advance payments made under subsection (d)(3) or (d)(4) may not exceed the lesser of the following:
(1) Fifty percent (50%) of the entire cost of the contract.
(2) Two million dollars ($2,000,000).
(f) The fiscal officer of a governmental entity shall issue checks or warrants for claims by the governmental entity that meet all of the requirements of this section. The fiscal officer does not incur personal liability for disbursements:
(1) processed in accordance with this section; and
(2) for which funds are appropriated and available.
(g) The certification provided for in subsection (c)(4) must be on a form prescribed by the state board of accounts.
As added by P.L.71-1995, SEC.2. Amended by P.L.69-1995, SEC.3; P.L.14-1996, SEC.6; P.L.40-1996, SEC.2; P.L.39-1996, SEC.7; P.L.45-1997, SEC.2; P.L.49-1997, SEC.27; P.L.253-1997(ss), SEC.3; P.L.35-1999, SEC.1; P.L.68-2001, SEC.2; P.L.99-2003, SEC.2 and P.L.191-2003, SEC.2; P.L.1-2005, SEC.78; P.L.169-2006, SEC.4; P.L.182-2009(ss), SEC.77; P.L.121-2016, SEC.10; P.L.181-2023, SEC.1.