reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7. Mileage and Fees of County Officers › 36-2-7-10.5. Deposit of Recording Fees in Marion County

Sec. 10.5. (a) This section applies only in a county containing a consolidated city.
(b) The county recorder shall deposit the fees collected under section 10(c)(1) and 10(c)(8) of this chapter as follows:
(1) Nine dollars ($9) in the county general fund.
(2) Five dollars ($5) in the county surveyor's corner perpetuation fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).
(3) Ten dollars ($10) in the county recorder's records perpetuation fund established under section 10(f) of this chapter.
(4) Fifty cents ($0.50) in the county identification security protection fund established under IC 36-2-7.5-11.
(5) Fifty cents ($0.50) in the county elected officials training fund under IC 36-2-7-19.
(c) The county recorder shall deposit the fees collected under section 10(c)(2) of this chapter as follows:
(1) Thirty-five dollars ($35) in the county general fund.
(2) Five dollars ($5) in the county surveyor's corner perpetuation fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).
(3) Eleven dollars and fifty cents ($11.50) in the county recorder's records perpetuation fund established under section 10(f) of this chapter.
(4) Two dollars and fifty cents ($2.50) with the county treasurer to be distributed in accordance with IC 24-9-9-3 and IC 24-9-9-4.
(5) Fifty cents ($0.50) in the county identification security protection fund established under IC 36-2-7.5-11.
(6) Fifty cents ($0.50) in the county elected officials training fund under IC 36-2-7-19.
As added by P.L.127-2017, SEC.39. Amended by P.L.86-2018, SEC.339; P.L.19-2021, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7. Mileage and Fees of County Officers › 36-2-7-10.7. Ordinance for Recorder's Fee in Marion County for Housing Trust Fund

Sec. 10.7. (a) This section applies in a county containing a consolidated city that has established a housing trust fund under IC 36-7-15.1-35.5(e).
(b) The county fiscal body may adopt an ordinance authorizing the county recorder to charge a fee of ten dollars ($10) for each document the recorder records.
(c) If the county fiscal body adopts an ordinance under this section, the following do not apply:
(1) Section 10(c)(10) of this chapter.
(2) Section 10(k) of this chapter.
(d) All money collected by the county recorder under this section shall be deposited in the housing trust fund established under IC 36-7-15.1-35.5(e) for the purposes of the fund.
As added by P.L.127-2017, SEC.40. Amended by P.L.19-2021, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7. Mileage and Fees of County Officers › 36-2-7-11. Repealed

[Pre-Local Government Recodification Citations: 17-3-46-1; 17-3-46-2.]
As added by Acts 1980, P.L.212, SEC.1. Repealed by P.L.58-1993, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7. Mileage and Fees of County Officers › 36-2-7-12. Repealed

[Pre-Local Government Recodification Citation: 5-15-4-1 part.]
As added by Acts 1980, P.L.212, SEC.1. Repealed by P.L.58-1993, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7. Mileage and Fees of County Officers › 36-2-7-13. County Assessor Reassessment Activities; per Diem

Sec. 13. The county fiscal body may grant to the county assessor, in addition to the compensation fixed under IC 36-2-5, a per diem for each day that the assessor is engaged in reassessment activities under a reassessment plan prepared under IC 6-1.1-4-4.2. This section applies regardless of whether professional assessing services are provided under a contract to one (1) or more townships in the county.
[Pre-Local Government Recodification Citation: 17-3-72-12 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.74-1987, SEC.22; P.L.6-1997, SEC.205; P.L.223-1997, SEC.1; P.L.253-1997(ss), SEC.30; P.L.198-2001, SEC.105; P.L.146-2008, SEC.691; P.L.112-2012, SEC.52; P.L.86-2018, SEC.340.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7. Mileage and Fees of County Officers › 36-2-7-14. Repealed

[Pre-Local Government Recodification Citation: 17-2-44-6.]
As added by Acts 1980, P.L.212, SEC.1. Repealed by P.L.58-1993, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7. Mileage and Fees of County Officers › 36-2-7-15. Fee Books and Cashbooks

Sec. 15. The clerk of the circuit court, county auditor, county treasurer, county recorder, and county sheriff shall keep, in proper fee books, an accurate account of all fees and charges required by this statute for services performed by them or their employees. Each of these officers shall also keep a cashbook, in which the officer shall enter:
(1) each sum of money received, in the order received;
(2) the date of receipt;
(3) the name of the person from whom the sum was received; and
(4) the reason the sum was received.
The officer shall keep the officer's fee books and cashbooks open for inspection and deliver them to the officer's successor in office as a part of the records of the officer's office.
[Pre-Local Government Recodification Citations: 5-7-1-10; 17-2-44-1.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.41.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7. Mileage and Fees of County Officers › 36-2-7-16. Fee Books; Inspection; Failure to Deliver; Penalty

Sec. 16. (a) At each of its meetings, the county executive and its attorney shall inspect the records of county officers who collect fees and compare them with the accounts submitted by those officers.
(b) A county officer who fails to deliver a fee book for inspection under this section shall forfeit one hundred dollars ($100), to be collected by the prosecuting attorney of the county and paid into the common school fund of the county.
[Pre-Local Government Recodification Citation: 5-7-1-18.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7. Mileage and Fees of County Officers › 36-2-7-17. Failure to Pay Over Fees Collected; Forfeiture

Sec. 17. An officer who fails to pay the amount due from the officer into the county treasury shall forfeit to the state a sum equal to the amount of fees actually collected during that quarter, to be collected by the prosecuting attorney of the county and paid into the common school fund of the county.
[Pre-Local Government Recodification Citation: 5-7-1-17.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.42.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7. Mileage and Fees of County Officers › 36-2-7-18. Prohibited Acts; Violation; Offense; Liability

Sec. 18. An officer named in this chapter who knowingly:
(1) taxes any fees or makes any charges for services the officer does not actually perform;
(2) charges for any services any rate or fee other than that allowed by statute; or
(3) fails to enter, tax, or charge at the proper time the proper fees for services;
commits a Class A misdemeanor and is liable personally upon the officer's bond for any damage or loss sustained by the county.
[Pre-Local Government Recodification Citation: 5-7-1-13.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.43.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7. Mileage and Fees of County Officers › 36-2-7-19. County Elected Officials Training Fund

Sec. 19. (a) As used in this section, "fund" refers to a county elected officials training fund established under subsection (b).
(b) Each county legislative body shall establish a county elected officials training fund to supplement appropriations that may come from the county general fund to provide training of elected officials. The county fiscal body shall appropriate money from the fund.
(c) The fund consists of money deposited under IC 36-2-7.5-6(b)(2) and any other sources required or permitted by law. Money in the fund does not revert to the county general fund.
(d) Except as provided in subsection (e)(3) and (e)(4), money in the fund shall be used solely to provide training of:
(1) county elected officials; and
(2) individuals first elected to a county office;
required by IC 33-32-2-9, IC 36-2-9-2.5, IC 36-2-9.5-2.5, IC 36-2-10-2.5, IC 36-2-11-2.5, and IC 36-2-12-2.5.
(e) Except as provided in IC 5-11-14-1, money in the fund may be used to provide any of the following:
(1) Travel, lodging, and related expenses associated with any training paid for from the fund.
(2) Training of one (1) or more designees of a county elected official if sufficient funds are appropriated by the county fiscal body.
(3) Upon determination by a county fiscal body that money in the fund exceeds the amount necessary to fund the expenses specified under subsection (d)(1) and (d)(2), money in the fund may be used for the training (and related travel and lodging expenses) of county council members provided:
(A) under IC 5-11-14-1; or
(B) by the Association of Indiana Counties.
(4) Upon determination by a county fiscal body that money in the fund exceeds the amount necessary to fund the expenses specified under subdivisions (1) and (2), the county auditor may, not later than December 31, 2023, transfer the excess money to the county recorder's records perpetuation fund established under section 10(f) of this chapter. This subdivision expires January 1, 2024.
As added by P.L.45-2010, SEC.3. Amended by P.L.120-2012, SEC.6; P.L.13-2013, SEC.152; P.L.279-2013, SEC.2; P.L.127-2017, SEC.44; P.L.257-2019, SEC.103; P.L.96-2023, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7.5. Recording Documents Containing Social Security Numbers › 36-2-7.5-1.5. Federal Liens on Real Property and Federal Tax Liens on Personal Property Exempted

Sec. 1.5. This chapter does not apply to a federal lien on real property or federal tax lien on personal property as described in IC 36-2-11-25.
As added by P.L.171-2006, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7.5. Recording Documents Containing Social Security Numbers › 36-2-7.5-2. "Redacting Technology"

Sec. 2. As used in this chapter, "redacting technology" refers to technology that has the ability to:
(1) search recorded and filed documents; and
(2) redact Social Security numbers from recorded and filed documents.
As added by P.L.91-2005, SEC.3. Amended by P.L.171-2006, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7.5. Recording Documents Containing Social Security Numbers › 36-2-7.5-3. Disclosure of Last Four Digits of Social Security Number

Sec. 3. For purposes of this chapter, disclosure of the last four (4) digits of an individual's Social Security number is not a disclosure of the individual's Social Security number.
As added by P.L.91-2005, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7.5. Recording Documents Containing Social Security Numbers › 36-2-7.5-4. Document Containing Social Security Number May Not Be Submitted to County Recorder; Exception

Sec. 4. A document may not be submitted to the county recorder for recording or filing if the document contains the Social Security number of an individual, unless required by law.
As added by P.L.91-2005, SEC.3. Amended by P.L.171-2006, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7.5. Recording Documents Containing Social Security Numbers › 36-2-7.5-5. Affirmation of Individual Preparing Document for Recording or Filing

Sec. 5. (a) An individual preparing a document for recording or filing shall make the affirmation and statement required by IC 36-2-11-15(c) and IC 36-2-11-15(d).
As added by P.L.91-2005, SEC.3. Amended by P.L.171-2006, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7.5. Recording Documents Containing Social Security Numbers › 36-2-7.5-6. County Identification Security Protection Fee

Sec. 6. (a) The county recorder shall charge a two dollar ($2) county identification security protection fee for recording or filing a document.
(b) The county recorder shall deposit the fee charged under subsection (a) in the following manner:
(1) One dollar ($1) shall be deposited in the county identification security protection fund established under section 11 of this chapter.
(2) One dollar ($1) shall be deposited in the county elected officials training fund established under IC 36-2-7-19.
As added by P.L.91-2005, SEC.3. Amended by P.L.171-2006, SEC.15; P.L.45-2010, SEC.4; P.L.13-2013, SEC.153; P.L.127-2017, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7.5. Recording Documents Containing Social Security Numbers › 36-2-7.5-7. State Board of Accounts to Establish Procedures

Sec. 7. The state board of accounts shall establish reasonable procedures for a county recorder to follow:
(1) when receiving and reviewing a document submitted for recording or filing; and
(2) in order to comply with this chapter.
As added by P.L.91-2005, SEC.3. Amended by P.L.171-2006, SEC.16.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7.5. Recording Documents Containing Social Security Numbers › 36-2-7.5-8. Recorder to Search Documents for Social Security Number; Redaction; Applicability

Sec. 8. (a) This section applies after December 31, 2007.
(b) To the extent practicable and as permitted by law, a county recorder may not disclose a recorded or filed document for public inspection under IC 5-14-3 or IC 36-2-7-10.1 until the county recorder has:
(1) searched the document for a Social Security number; and
(2) to the extent practicable, redacted any Social Security numbers contained in the document;
using redacting technology.
As added by P.L.91-2005, SEC.3. Amended by P.L.171-2006, SEC.17; P.L.127-2017, SEC.46.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7.5. Recording Documents Containing Social Security Numbers › 36-2-7.5-9. Notice Posted by County Recorder

Sec. 9. A county recorder shall post a notice in the county recorder's office that states the:
(1) duties of:
(A) an individual preparing or reviewing a document for recording or filing; and
(B) the county recorder;
under this chapter; and
(2) penalties under section 12 of this chapter.
As added by P.L.91-2005, SEC.3. Amended by P.L.171-2006, SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7.5. Recording Documents Containing Social Security Numbers › 36-2-7.5-10. Training County Recorder Employees

Sec. 10. A county recorder shall conduct training sessions at least two (2) times each year for the county recorder's employees on the:
(1) requirements of this chapter; and
(2) procedures to follow in order to comply with this chapter.
As added by P.L.91-2005, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7.5. Recording Documents Containing Social Security Numbers › 36-2-7.5-11. County Identification Security Protection Fund

Sec. 11. (a) As used in this section, "fund" refers to a county identification security protection fund established under subsection (b).
(b) Each county legislative body shall establish an identification security protection fund to be administered by the county recorder. The county fiscal body shall appropriate money from the fund.
(c) A fund consists of money deposited in the fund under section 6(b) of this chapter. Money in a fund does not revert to the county general fund. Money in a fund may be transferred to the county recorder's records perpetuation fund for the uses set forth in IC 36-2-7-10(f).
(d) A county recorder may use money in the fund only to purchase, upgrade, implement, or maintain redacting technology, or to secure protection measures used in the office of the county recorder.
As added by P.L.91-2005, SEC.3. Amended by P.L.171-2006, SEC.19; P.L.45-2010, SEC.5; P.L.13-2013, SEC.154; P.L.127-2017, SEC.47.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 7.5. Recording Documents Containing Social Security Numbers › 36-2-7.5-12. Disclosure of Social Security Number by County Recorder Employee; Class a Infraction

Sec. 12. (a) This section applies after June 30, 2008.
(b) A county recorder or an employee of a county recorder who knowingly, intentionally, or recklessly discloses a recorded or filed document that contains a Social Security number without having the document searched, to the extent technologically practicable and as permitted by law, using redacting technology commits a Class A infraction.
As added by P.L.91-2005, SEC.3. Amended by P.L.171-2006, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 8. Administration of Compensation of Officers and Employees › 36-2-8-2. Salary and Wage Periods; Manner of Payment

Sec. 2. (a) The county auditor and county treasurer may pay salaries and wages to county officers and employees monthly, twice each month, every two (2) weeks, or weekly.
(b) The manner of payment of salaries and wages under this section must be authorized by the legislative body of a county having a consolidated city or by the executive of any other county.
[Pre-Local Government Recodification Citations: 17-3-71-1 part; 17-3-72-3 part; 17-3-73-1; 17-3-73-5.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.23-1985, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 8. Administration of Compensation of Officers and Employees › 36-2-8-3. Report of Fees Collected and Payment Into County Treasury

Sec. 3. A county officer and the officer's deputies and other employees are entitled to payment only after the officer has reported all fees collected by the officer's office and paid them into the county treasury.
[Pre-Local Government Recodification Citation: 17-3-71-1 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.48.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 8. Administration of Compensation of Officers and Employees › 36-2-8-4. Payment for Services Rendered

Sec. 4. A county officer or a deputy or employee of a county officer is entitled to payment for services only after the officer, deputy, or employee has rendered those services.
[Pre-Local Government Recodification Citation: 17-3-71-1 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 8. Administration of Compensation of Officers and Employees › 36-2-8-5. Itemized, Verified, and Allowed Claims

Sec. 5. Compensation of deputies and employees of county officers shall be paid by warrants that are payable to the respective deputies and employees and issued after:
(1) filing of itemized and verified claims, as prescribed by IC 36-2-6; and
(2) allowance of the claims by the county executive.
[Pre-Local Government Recodification Citations: 17-3-71-1 part; 17-3-73-4.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 8. Administration of Compensation of Officers and Employees › 36-2-8-6. Division of Compensation Prohibited; Offense

Sec. 6. A:
(1) deputy or employee of a county officer who knowingly divides the deputy's or employee's compensation with the officer or another person in consideration of employment; or
(2) county officer or other person who knowingly accepts such a division of compensation;
commits a Class B misdemeanor.
[Pre-Local Government Recodification Citation: 17-3-71-1 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.50.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 8.7. Initiation of Action for Removal of County Officer › 36-2-8.7-1. "County Officer"

Sec. 1. As used in this chapter, "county officer" refers to any of the following:
(1) A county auditor.
(2) A county treasurer.
(3) A county recorder.
(4) A county surveyor.
(5) A county assessor.
As added by P.L.169-2021, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 8.7. Initiation of Action for Removal of County Officer › 36-2-8.7-2. Initiation of Process to Remove County Officer From Office

Sec. 2. (a) The county executive may initiate the process of petitioning a court to remove a county officer from office under IC 5-8-1-35 by adopting a resolution in accordance with this section.
(b) At least one (1) public hearing must be held by the county executive on the resolution at least ten (10) business days before the resolution is adopted. The resolution must contain a concise statement of the underlying basic facts that support the county executive's finding that the county officer committed a violation described in:
(1) section 7 of this chapter;
(2) IC 5-8-1-35(a)(1); or
(3) IC 5-8-1-35 (a)(2).
As added by P.L.169-2021, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 8.7. Initiation of Action for Removal of County Officer › 36-2-8.7-3. Adoption of Resolution by County Executive

Sec. 3. In the case of a county that:
(1) has a consolidated city, the resolution must be adopted by the county executive; or
(2) does not have a consolidated city, the resolution must be adopted by an affirmative vote of at least a majority of all members of the county executive.
As added by P.L.169-2021, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 8.7. Initiation of Action for Removal of County Officer › 36-2-8.7-4. Certification of Resolution

Sec. 4. The county executive shall certify the resolution to:
(1) the county fiscal body;
(2) the county officer; and
(3) the clerk of the court in which the action is filed under IC 5-8-1-35;
not later than ten (10) days after the date the resolution is adopted.
As added by P.L.169-2021, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 8.7. Initiation of Action for Removal of County Officer › 36-2-8.7-5. Adoption of Resolution by County Fiscal Body

Sec. 5. Upon receiving a resolution certified by the county executive under section 4 of this chapter, the county fiscal body may adopt a resolution to initiate the process of petitioning a court to remove a county officer from office under IC 5-8-1-35.
As added by P.L.169-2021, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 8.7. Initiation of Action for Removal of County Officer › 36-2-8.7-6. Public Hearing on Resolution

Sec. 6. (a) At least one (1) public hearing must be held by the county fiscal body on the resolution at least ten (10) business days before the resolution is adopted. The resolution must contain a concise statement of the underlying basic facts that support the county fiscal body's finding that the county officer committed a violation described in IC 5-8-1-35(a)(1), IC 5-8-1-35(a)(2), or section 7 of this chapter. The finding and statement of underlying basic facts supporting the finding must be identical to those in the resolution adopted by the county executive.
(b) The resolution must be adopted by an affirmative vote of at least:
(1) five (5) members, in the case of a county fiscal body under IC 36-2-3-2(a);
(2) seven (7) members, in the case of a county fiscal body under IC 36-2-3-2(b); or
(3) seventeen (17) members, in the case of a county fiscal body of a county that has a consolidated city under IC 36-3-4-2.
(c) The county fiscal body shall certify the resolution to:
(1) the county executive;
(2) the county officer; and
(3) the clerk of the court in which the action is filed under IC 5-8-1-35;
not later than ten (10) days after the resolution is adopted,
As added by P.L.169-2021, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 8.7. Initiation of Action for Removal of County Officer › 36-2-8.7-7. Required Physical Presence During Office Hours; Defenses; Exceptions

Sec. 7. (a) A county officer must be physically present in the county officer's office during regular office hours for a reasonable amount of time each month during the county officer's term of office.
(b) A county officer may be removed from office by the court under IC 5-8-1-35, if the county officer is in violation of this section during one (1) or more months of the county officer's term. However, it is a defense to any action brought under IC 5-8-1-35 asserting a violation of this section, that the county officer's failure to be physically present in the county officer's office was due to:
(1) the serious illness of the county officer or the county officer's spouse, parent, child, or stepchild; or
(2) military service of the county officer.
The defense is available in any action brought under IC 5-8-1-35 regardless of whether the action is brought by a person or upon resolutions adopted by the county executive or fiscal body under this chapter.
(c) A county officer:
(1) does not violate this section; and
(2) may not be removed from office under IC 5-8-1-35;
for being physically absent from the county officer's office during any month in which a declaration of a local disaster emergency under IC 10-14-3-29 is in effect for at least one (1) work day in the county or in the municipality in which the county officer's office is located.
As added by P.L.169-2021, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-1. Application of Chapter

Sec. 1. This chapter applies to all counties except a county having a consolidated city.
[Pre-Local Government Recodification Citation: Ind. Const. Art. 6, § 2.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.227-2005, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-2. Residence; Term of Office

Sec. 2. (a) The county auditor must reside within the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The auditor forfeits office if the auditor ceases to be a resident of the county.
(b) The term of office of the county auditor under Article 6, Section 2 of the Constitution of the State of Indiana is four (4) years and continues until a successor is elected and qualified.
(c) The county auditor is the fiscal officer of the county.
[Pre-Local Government Recodification Citations: 17-3-1-1 part; 17-3-21-1.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.3-1987, SEC.544.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-2.5. County Auditor Training Courses

Sec. 2.5. (a) As used in this section, "training courses" refers to training courses related to the office of county auditor that are compiled or developed by the Association of Indiana Counties and approved by the state board of accounts.
(b) An individual elected to the office of county auditor shall complete at least:
(1) fifteen (15) hours of training courses within one (1) year; and
(2) forty (40) hours of training courses within three (3) years;
after the individual is elected to the office of county auditor.
(c) An individual first elected to the office of county auditor shall complete five (5) hours of newly elected official training courses before the individual first takes the office of county auditor. A training course that an individual completes under this subsection shall be counted toward the requirements under subsection (b).
(d) An individual shall fulfill the training requirements established by subsection (b) for each term to which the individual is elected as county auditor.
(e) The failure of an individual to complete the training required by this section does not prevent the individual from taking an office to which the individual was elected.
(f) This subsection applies only to an individual appointed to fill a vacancy in the office of county auditor. An individual described in this subsection may, but is not required to, take training courses required by subsection (b). If an individual described in this subsection takes a training course required by subsection (b) for an elected county auditor, the county shall pay for the training course as if the individual had been an elected county auditor.
As added by P.L.120-2012, SEC.7. Amended by P.L.279-2013, SEC.3; P.L.257-2019, SEC.104.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-3. Location of Office; Business Hours and Days

Sec. 3. The auditor shall keep the auditor's office in a building provided at the county seat by the county executive. The auditor shall keep the auditor's office open for business during regular business hours on every day of the year except Sundays and legal holidays. However, the auditor may close the auditor's office on days specified by the county executive according to the custom and practice of the county.
[Pre-Local Government Recodification Citations: 17-3-2-1 part; 17-3-21-2 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.51.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-4. Legal Action on Days Office Is Closed

Sec. 4. A legal action required to be taken in the auditor's office on a day when the auditor's office is closed under section 3 of this chapter may be taken on the next day the auditor's office is open.
[Pre-Local Government Recodification Citation: 17-3-2-1 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.52.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-5. Replacement of Worn Maps and Plats

Sec. 5. The auditor shall replace worn maps and plats as required in IC 36-2-17-5(c).
[Pre-Local Government Recodification Citation: 17-3-57-1 part.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-6. Standard Forms for Use in Transaction of Business

Sec. 6. The auditor shall furnish standard forms for use in the transaction of business under this article and for use in the performance of services for which the auditor receives a specific fee.
[Pre-Local Government Recodification Citations: 17-1-24-42 part; 17-2-44-3.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.53.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-7. Duties of Clerk at County Executive Meetings

Sec. 7. (a) The auditor shall perform the duties of clerk of the county executive under IC 36-2-2-11.
(b) If the auditor cannot perform the duties of clerk during a meeting of the county executive, and the auditor does not have a deputy or the auditor's deputy cannot attend the meeting, the executive may deputize a person to perform those duties during the meeting.
[Pre-Local Government Recodification Citation: 17-1-14-6 part; 17-3-21-3 part; 17-3-21-11.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.227-2005, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-8. Duties of Clerk of Fiscal Body

Sec. 8. The auditor shall perform the duties of clerk of the county fiscal body under IC 36-2-3-6(b).
[Pre-Local Government Recodification Citation: 17-1-24-8 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.227-2005, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-9. Administration of Oath; Acknowledgments of Deeds and Mortgages Securing Trust Funds

Sec. 9. (a) The auditor may administer the following:
(1) Oaths necessary in the performance of the auditor's duties.
(2) The oath of office to an officer who receives the officer's certificate of appointment from the auditor.
(3) Oaths relating to the duty of an officer who receives the officer's certificate of appointment from the auditor.
(4) The oath of office to a member of the board of directors of a solid waste management district established under IC 13-21 or IC 13-9.5 (before its repeal).
(b) The auditor may take acknowledgments of deeds and mortgages executed for the security of trust funds the auditor is required to lend.
[Pre-Local Government Recodification Citations: 17-3-21-6; 17-3-21-8.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.33-1992, SEC.21; P.L.1-1996, SEC.85; P.L.225-2011, SEC.92.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-10. Suits Against Principals or Sureties on Obligations

Sec. 10. The auditor, in the name of the state and on behalf of a county fund, may sue principals or sureties on any obligation, whether the obligation is in the name of the state or another person.
[Pre-Local Government Recodification Citation: 17-3-21-12.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-11. Treasurer's Report; Filing

Sec. 11. The auditor shall file the original of the county treasurer's monthly report under IC 36-2-10-16 with the records of the county board of finance, present one (1) copy to the county executive at its next regular meeting, and immediately transmit one (1) copy to the state board of accounts.
[Pre-Local Government Recodification Citation: 17-3-34-1 part.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-12. Money Paid Into Treasury; Account; Receipts

Sec. 12. The auditor shall keep an accurate account current with the county treasurer. Whenever a receipt given by the treasurer for money paid into the county treasury is deposited with the auditor, the auditor shall:
(1) file the treasurer's receipt;
(2) charge the treasurer with the amount of the treasurer's receipt; and
(3) issue the auditor's own receipt to the person presenting the treasurer's receipt.
[Pre-Local Government Recodification Citations: 17-3-21-5; 17-3-32-3 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.54.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-13. Appropriations by County Fiscal Body; Accounting; Warrants; Violation; Offense

Sec. 13. (a) The auditor shall keep a separate account for each item of appropriation made by the county fiscal body, and in each warrant the auditor draws on the county treasury the auditor shall specifically indicate which item of appropriation the warrant is drawn against.
(b) The auditor may not permit an item of appropriation to be overdrawn or to be drawn on for a purpose other than the specific purpose for which it was made.
(c) An auditor who knowingly violates this section commits a Class A misdemeanor.
[Pre-Local Government Recodification Citations: 17-1-24-22; 17-1-24-28.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.55.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-14. Drawing of Warrants; Necessity of Appropriation; Violation; Offense

Sec. 14. (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:
(A) is due a person;
(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.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-15. Settlement of Accounts and Demands

Sec. 15. (a) The auditor shall examine and settle all accounts and demands that are chargeable against the county and are not otherwise provided for by statute.
(b) The auditor shall issue warrants on the county treasury for:
(1) sums of money settled and allowed by the auditor;
(2) sums of money settled and allowed by another official; or
(3) settlements and allowances fixed by statute;
and shall make them payable to the person entitled to payment. The warrants shall be numbered progressively, and the auditor shall record the number, date, amount, payee, and purpose of issue of each warrant at the time it is issued.
[Pre-Local Government Recodification Citations: 17-3-21-4; 17-3-26-1 part.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-16. Claim; Judgment or Order Issued by a Court; Warrant

Sec. 16. Whenever:
(1) a judgment or order is issued by a court in a case in which the county was a party and was served with process for the payment of a claim;
(2) a certified copy of the judgment or order is filed with the auditor; and
(3) the claim is allowed by the county executive;
the auditor shall issue the auditor's warrant for the claim.
[Pre-Local Government Recodification Citation: 17-3-26-2.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.56.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-17. Calls for Redemption of Outstanding Warrants at Semiannual Settlement; Interest; Violation

Sec. 17. (a) At the semiannual settlement under IC 6-1.1-27, the auditor shall issue calls for the redemption of outstanding county warrants if there is any money available in the county treasury for redemption of those warrants.
(b) A warrant included in a call under this section ceases to bear interest upon the date of the call. The county treasurer shall redeem warrants included in the call when they are presented to the county treasurer.
(c) An auditor who violates this section is liable for the interest on all money used for redemption.
[Pre-Local Government Recodification Citations: 17-3-25-1; 17-3-25-2; 17-3-25-3.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.57.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-18. Endorsement on Deed; Tax Identification Number; Fee

Sec. 18. (a) Before the auditor makes the endorsement required by IC 36-2-11-14, the auditor may require that a tax identification number identifying the affected real property be placed on an instrument that conveys, creates, encumbers, assigns, or otherwise disposes of an interest in or a lien on real property. The tax identification number may be established by the auditor with the approval of the state board of accounts. If the tax identification number is affixed to the instrument or if a tax identification number is not required, the auditor shall make the proper endorsement on demand.
(b) On request, a county auditor shall provide assistance in obtaining the proper tax identification number for instruments subject to this section.
(c) The tax administration number established by this section is for use in administering statutes concerning taxation of real property and is not competent evidence of the location or size of the real property affected by the instrument.
(d) After December 31, 2023, a county auditor may not refuse to endorse a deed or instrument required by IC 36-2-11-14 because the deed or instrument is an electronic document.
(e) The legislative body of a county shall adopt an ordinance requiring the auditor to collect a fee in the amount of ten dollars ($10) for each:
(1) deed; or
(2) legal description of each parcel contained in the deed;
for which the auditor makes a real property endorsement. This fee is in addition to any other fee provided by law. The auditor shall place the revenue received under this subsection in a dedicated fund for use in maintaining property tax records, in traditional or electronic format.
[Pre-Local Government Recodification Citation: 17-3-39-8 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.274-1989, SEC.2; P.L.37-1992, SEC.8; P.L.65-2001, SEC.1; P.L.207-2003, SEC.1; P.L.257-2019, SEC.105; P.L.26-2022, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-19. Personal Liability for Penalties and Interest Assessed by Internal Revenue Service; Reimbursement by County Treasurer

Sec. 19. If a county auditor is held personally liable for penalties and interest assessed by the Internal Revenue Service, the county treasurer shall reimburse the county auditor in an amount equal to the penalties and interest. However, the county treasurer may not reimburse the county auditor if the county auditor willfully or intentionally failed or refused to file a return or make a required deposit on the date the return or deposit was due.
As added by P.L.56-1997, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-20. County Auditor Maintenance of Electronic Data File on Tax Duplicate Information; Form of File; Data Transmission

Sec. 20. The county auditor shall:
(1) maintain an electronic data file of the information contained on the tax duplicate for all:
(A) parcels; and
(B) personal property returns;
for each township in the county as of each assessment date;
(2) maintain the electronic data file in a form that formats the information in the file with the standard data, field, and record coding required and approved by:
(A) the legislative services agency; and
(B) the department of local government finance;
(3) transmit the data in the file with respect to the assessment date of each year before March 16 of the next year to the department of local government finance in a manner that meets the data export and transmission requirements in a standard format, as prescribed by the office of technology established by IC 4-13.1-2-1 and approved by the legislative services agency; and
(4) resubmit the data in the form and manner required under this subsection, upon request of the legislative services agency or the department of local government finance, if data previously submitted under this subsection does not comply with the requirements of this subsection, as determined by the legislative services agency or the department of local government finance.
An electronic data file maintained for a particular assessment date may not be overwritten with data for a subsequent assessment date until a copy of an electronic data file that preserves the data for the particular assessment date is archived in the manner prescribed by the office of technology established by IC 4-13.1-2-1 and approved by the legislative services agency.
As added by P.L.178-2002, SEC.115. Amended by P.L.245-2003, SEC.34; P.L.28-2004, SEC.179; P.L.177-2005, SEC.46; P.L.137-2012, SEC.117; P.L.159-2020, SEC.78.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-21. Establishment of Fund for Disposal Fees; Use of Money; Administration of Fund

Sec. 21. (a) If a disposal fee is charged under IC 13-20-21-6(c), the county treasurer shall:
(1) establish a dedicated fund for the purposes described in subsection (b); and
(2) deposit in the fund all revenue remitted to the county treasurer under IC 13-20-21-14(b).
(b) Money in the fund established under subsection (a) may be used only to pay the costs of constructing, improving, or maintaining infrastructure that supports or is otherwise related to the landfill at which the disposal fees are charged.
(c) The county treasurer shall, in accordance with IC 5-13-9, invest any money accumulated in the fund established under subsection (a). Any interest received from investment of the money shall be paid into the fund.
As added by P.L.131-2006, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9. County Auditor › 36-2-9-22. County Auditor Unable to Perform Fiscal Responsibilities

Effective 1-1-2024.
Sec. 22. If the county auditor is unable to perform the fiscal requirements of the county auditor's position, the county shall hire or contract with a qualified certified public accountant to:
(1) provide guidance to the county auditor regarding the performance of the county auditor's responsibilities; or
(2) perform the county auditor's fiscal responsibilities.
The county auditor is considered to be unable to perform the fiscal requirements of the county auditor's position if the county is declared unauditable under IC 5-11-1-9(b).
As added by P.L.58-2023, SEC.16.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 9.5. County Auditor of Marion County › 36-2-9.5-2. Residence; Term of Office

Sec. 2. (a) The county auditor must reside within the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The auditor forfeits office if the auditor ceases to be a resident of the county.
(b) The term of office of the county auditor under Article 6, Section 2 of the Constitution of the State of Indiana is four (4) years and continues until a successor is elected and qualified.
As added by P.L.227-2005, SEC.16.