§ 36-2-6-12 — Drawing of warrant on county treasury; notification of depletion of treasury; liability of county treasurer or county officer; void agreements

Indiana § 36-2-6-12

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 2: GOVERNMENT OF COUNTIES GENERALLY
• Ch. 6: Fiscal Administration

Text

(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.