§ 5-11-4-3 — Expenses of investigation of public accounts; certification; reimbursements

Indiana § 5-11-4-3

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 11: ACCOUNTING FOR PUBLIC FUNDS
• Ch. 4: Payment of State Board of Accounts for Investigation of

Text

(a) The expense of examination and
investigation of accounts shall be paid by each municipality or entity
as provided in this chapter.
(b) The state examiner shall certify to the auditor of each county the
amount chargeable to each taxing unit within the county for the
expense of its examinations as provided in this chapter. Immediately
upon receipt of the certified statement, the county auditor shall issue a
warrant on the county treasurer payable to the treasurer of state out of
the general fund of the county for the amount stated in the certificate.
The county auditor shall reimburse the county general fund, except for
the expense of examination and investigation of county offices, out of
the money due the taxing units at the next semiannual settlement of the
collection of taxes.
(c) If the county to which a claim is made is not in possession or has
not collected the funds due or to be due to any examined municipality,
then the certificate must be filed with and the warrant shall be drawn
by the officer of the municipality having authority to draw warrants
upon its funds. The municipality shall pay the warrant immediately to
the treasurer of state. The money, when received by the treasurer of
state, shall be deposited in the examinations fund created by subsection
(h).
(d) Except as otherwise provided in this chapter, each:
(1) taxing unit; and
(2) soil and water conservation district;
shall be charged an amount equal to fifty percent (50%) of the actual
direct and indirect cost of performing an examination for each field
examiner, private examiner, expert, or employee of the state board of
accounts who is engaged in making examinations or investigations
carried out under this article, but not to exceed four hundred dollars
($400) per day. Audited entities described in subdivisions (1) and (2)
shall be charged the actual direct and indirect allowable cost under 2
CFR 200.425 of performing the audit. Except as provided in subsection
(i), all other audited entities shall be charged the actual direct and
indirect cost of performing the examination or investigation.
(e) The audit committee shall annually review the amounts charged
under subsection (d) to ensure that the cost of performing an audit does
not exceed an amount equal to eighty percent (80%) of the market rate
cost. The state board of accounts shall provide an annual report to the
audit committee comparing the state board of accounts' rates to the
prevailing market rates to assist in the audit committee's review.
(f) The state examiner shall certify, as necessary, to the proper
disbursing officer the total amount of expense incurred for the
examination of:
(1) any unit of state government or entity that is required by law
to bear the costs of its own examination and operating expense;
or
(2) any utility owned or operated by any municipality or any
department of the municipality, if the utility is operated from
revenues or receipts other than taxation.
Upon receipt of the state examiner's certificate the unit of state
government, entity, or utility shall immediately pay to the treasurer of
state the amount charged. The money, when received by the treasurer
of state, shall be deposited in the examinations fund created by
subsection (h).
(g) In addition to other charges provided in this chapter, the state
examiner may charge a reasonable fee for technology and processing
costs related to completing reports of examination and processing
reports of examination in the same manner as other charges are made
under this chapter. The fees shall be deposited in the examinations fund
created by subsection (h).
(h) There is created a dedicated fund known as the examinations
fund in the hands of the state examiner to be used by the state examiner
for the payment of the expense of examinations under this article. All
fees charged for examinations under this article shall be deposited into
the examinations fund. Money remaining in the fund at the end of the
state fiscal year does not revert to the state general fund.
(i) A municipality that contracts for services with a volunteer fire
department may pay the cost of an examination or investigation of the
volunteer fire department under this chapter.
(j) An audit of a county shall include, but not be limited to, an audit
of that county's soil and water conservation district established under
IC 14-32.
Formerly: Acts 1945, c.15, s.3. As amended by Acts 1980,
P.L.30, SEC.14; P.L.52-1983, SEC.1; P.L.3-1986, SEC.17;
P.L.64-1987, SEC.1; P.L.291-2001, SEC.168; P.L.191-2003, SEC.1;
P.L.213-2015, SEC.62; P.L.209-2019, SEC.3; P.L.165-2021, SEC.62;
P.L.201-2023, SEC.82.