Section 36-2-9-14 - Drawing of warrants; necessity of appropriation; violation; offense(a) This section does not apply to funds received from the state or the federal government for township assistance, unemployment relief, or old age pensions or other funds that are available under the federal Social Security Act or a federal statute providing for civil and public works projects.(b) Except for monies that by statute are due and payable from a county treasury to the state or to a township or municipality of the county, money may be paid from a county treasury only upon a warrant drawn by the auditor.(c) A warrant may be drawn on a county treasury only if the county fiscal body has made an appropriation for the money for the calendar year in which the warrant is drawn and that appropriation has not been exhausted.(d) Notwithstanding subsection (c), appropriations by a county fiscal body are not necessary to authorize the drawing of a warrant on and payment from a county treasury for:(1) money that belongs to the state and is required by statute to be paid into the state treasury;(2) money that belongs to a school fund, whether principal or interest;(3) money that belongs to a township or municipality of the county and is required by statute to be paid to the township or municipality;(4) money that: (B) has been paid into the county treasury under an assessment on persons or property of the county in territory less than that of the whole county; and(C) has been paid for construction, maintenance, or purchase of a public improvement;(5) money that is due a person and has been paid into the county treasury to redeem property from a tax sale or other forced sale;(6) money that is due a person and has been paid to the county under law as a tender or payment to the person;(7) taxes erroneously paid;(8) money paid to a cemetery board under IC 23-14-65-22;(9) money distributed under IC 23-14-70-3; or(10) payments under a statute that expressly provides for payments from the county treasury without appropriations by the county fiscal body.(e) An auditor who knowingly violates this section commits a Class A misdemeanor.Pre-Local Government Recodification Citations: 17-1-24-21; 17-3-26-1.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.52-1997, SEC.57; P.L.73-2005, SEC.172.