reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 12. Homeowner Protection Unit › 4-6-12-9. Homeowner Protection Unit Account

Sec. 9. (a) The homeowner protection unit account within the general fund is established to support the operations of the unit. The account is administered by the attorney general.
(b) The homeowner protection unit account consists of the following:
(1) Fees collected under IC 24-9-9.
(2) Fees distributed to the account under IC 33-34-8-3, IC 33-37-7-2(a), and IC 33-37-7-8(a).
(c) The expenses of administering the homeowner protection unit account shall be paid from money in the account.
(d) The treasurer of state shall invest the money in the homeowner protection unit account not currently needed to meet the obligations of the account in the same manner as other public money may be invested.
(e) Money in the homeowner protection unit account at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.73-2004, SEC.4. Amended by P.L.64-2007, SEC.1; P.L.52-2017, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 12. Homeowner Protection Unit › 4-6-12-10. Annual Report to Legislative Council

Sec. 10. (a) Beginning in 2008, the unit shall, after June 30 and before November 1 of each year, report to the legislative council on the following:
(1) The unit's budget for the most recent state fiscal year.
(2) The unit's actual income and expenses during the most recent state fiscal year.
(3) The projected budget required by the unit to carry out its duties under this chapter during the current state fiscal year.
(4) The unit's staffing during the most recent fiscal year, including information on:
(A) the number of employees employed by the unit and a description of their responsibilities; and
(B) any vacant positions.
(5) The unit's projected staffing needs during the current state fiscal year.
(6) The number and types of complaints received by the unit, including a description of:
(A) the number of complaints resolved; and
(B) the number of complaints outstanding.
(7) Any recommendations for legislation needed to address mortgage lending or deceptive acts in connection with mortgage lending.
(b) A report to the legislative council under this section must be in an electronic format under IC 5-14-6.
As added by P.L.230-2007, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 13. Identity Theft Unit › 4-6-13-2. Identity Theft Unit; Purpose

Sec. 2. The attorney general shall establish an identity theft unit to assist prosecuting attorneys in enforcing identity deception (IC 35-43-5-3.5) and related criminal statutes and to carry out this chapter.
As added by P.L.137-2009, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 13. Identity Theft Unit › 4-6-13-3. Duties of Identity Theft Unit

Sec. 3. (a) The unit shall do the following:
(1) Investigate consumer complaints regarding identity theft, identity deception, fraud, deception, and related matters.
(2) Assist victims of identity theft, identity deception, fraud, deception, and related crimes in obtaining refunds in relation to fraudulent or authorized charges or debits, canceling fraudulent accounts, correcting false information in consumer reports caused by identity deception, correcting false information in personnel files and court records, and related matters.
(3) Cooperate with federal, state, and local law enforcement agencies in the investigation of identity theft, identity deception, fraud, deception, violations of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), and related crimes. To the extent authorized by federal law, the unit may enforce compliance with the federal statutes or regulations described in this subdivision or refer suspected violations of the statutes or regulations to the appropriate federal regulatory agencies.
(4) Assist state and federal prosecutors in the investigation and prosecution of identity theft, identity deception, fraud, deception, and related crimes.
(b) The attorney general shall adopt rules under IC 4-22-2 to the extent necessary to organize the unit.
As added by P.L.137-2009, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 13. Identity Theft Unit › 4-6-13-4. Powers of the Attorney General

Sec. 4. The attorney general may do any of the following when conducting an investigation under section 3 of this chapter:
(1) Issue and serve a subpoena for the production of records, including records stored in electronic data processing systems, books, papers, and documents for inspection by the attorney general or the investigator.
(2) Issue and serve a subpoena for the appearance of a person to provide testimony under oath.
(3) Apply to a court with jurisdiction to enforce a subpoena described in subdivision (1) or (2).
As added by P.L.137-2009, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 13. Identity Theft Unit › 4-6-13-5. Duty of Attorney General to Notify a Prosecuting Attorney

Sec. 5. If the attorney general determines during an investigation conducted under this chapter that there is reasonable suspicion to believe that a person has committed identity deception or a similar offense, the attorney general shall promptly notify a law enforcement agency and the prosecuting attorney that have jurisdiction over the person or offense.
As added by P.L.137-2009, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 13. Identity Theft Unit › 4-6-13-6. Agency Cooperation With the Identity Theft Unit

Sec. 6. (a) The following may cooperate with the unit to implement this chapter:
(1) The bureau of motor vehicles.
(2) The secretary of state.
(3) The department of financial institutions.
(4) The department of insurance.
(5) The state police department.
(6) The department of workforce development.
(7) The department of state revenue.
(8) A prosecuting attorney.
(9) Local law enforcement agencies.
(b) Notwithstanding IC 5-14-3, the entities listed in subsection (a) may share information with the unit.
As added by P.L.137-2009, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 13. Identity Theft Unit › 4-6-13-7. Jurisdiction of Other Agencies Not Limited

Sec. 7. The establishment of the unit and the unit's powers does not limit the jurisdiction of an entity described in section 6 of this chapter.
As added by P.L.137-2009, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 13. Identity Theft Unit › 4-6-13-8. Power to Deputize Attorney General or Deputy Attorney General

Sec. 8. A prosecuting attorney may deputize the attorney general or a deputy attorney general for purposes of the prosecution of an identity deception offense or a related offense.
As added by P.L.137-2009, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 13. Identity Theft Unit › 4-6-13-9. Educational Programs

Sec. 9. The unit may initiate and maintain an educational program to inform consumers of:
(1) risks relating to identity deception and similar crimes;
(2) steps consumers may take to minimize their risks of becoming a victim of identity deception;
(3) methods to detect identity deception and similar crimes; and
(4) measures that identity deception victims may take to recover from the crime and to hold the perpetrator of the crime accountable in a court of law.
As added by P.L.137-2009, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 14. Health Records and Identifying Information Protection › 4-6-14-1. "Abandoned"

Sec. 1. As used in this chapter, "abandoned" means:
(1) voluntarily surrendered, relinquished, or disclaimed by the health care provider or regulated professional, with no intention of reclaiming or regaining possession; or
(2) recklessly or negligently treated, such that an unauthorized person could obtain access or possession.
As added by P.L.84-2010, SEC.1. Amended by P.L.76-2017, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 14. Health Records and Identifying Information Protection › 4-6-14-2. "Health Care Provider"

Sec. 2. As used in this chapter, "health care provider" means:
(1) a person listed in IC 16-39-7-1(a)(1) through IC 16-39-7-1(a)(11); or
(2) a person licensed, certified, registered, or regulated by an entity described in IC 25-0.5-11.
As added by P.L.84-2010, SEC.1. Amended by P.L.226-2011, SEC.1; P.L.3-2014, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 14. Health Records and Identifying Information Protection › 4-6-14-2.5. "Health Records"

Sec. 2.5. As used in this chapter, "health records" means written, electronic, or printed information possessed or maintained by a health care provider concerning any diagnosis, treatment, or prognosis of the patient, including health information that is possessed or maintained on microfiche, microfilm, or in a digital format. The term includes mental health records, alcohol and drug abuse records, and information required to remain private under the federal Health Insurance Portability and Accountability Act (HIPAA) (P.L. 104-191).
As added by P.L.76-2017, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 14. Health Records and Identifying Information Protection › 4-6-14-4. "Regulated Professional"

Sec. 4. As used in this chapter, "regulated professional" means an individual who is regulated by an entity described in IC 25-0.5-12.
As added by P.L.84-2010, SEC.1. Amended by P.L.3-2014, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 14. Health Records and Identifying Information Protection › 4-6-14-5. Attorney General's Powers

Sec. 5. The attorney general may do the following with abandoned health records and other records that contain personal information:
(1) Take possession of.
(2) Store.
(3) Maintain.
(4) Transfer.
(5) Protect.
(6) Destroy, subject to the limitations in sections 8(b) and 9(b) of this chapter.
As added by P.L.84-2010, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 14. Health Records and Identifying Information Protection › 4-6-14-6. Determination of Abandonment

Sec. 6. (a) Before taking any action described in section 5 of this chapter, the attorney general shall determine whether a health care provider or regulated professional has abandoned health records or records containing personal information.
(b) A determination of abandonment under this section may only be used for the purpose of taking an action described in this chapter. However, a subsequent enforcement action may take place under a state or federal law based on proof of facts that may have contributed to the determination of abandonment if the facts are proved in a subsequent enforcement action.
(c) An investigation to make a determination of abandonment under this section must be conducted under the attorney general's authority under existing state and federal law. Nothing in this chapter shall be construed to create new authority for a subpoena or search warrant.
As added by P.L.84-2010, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 14. Health Records and Identifying Information Protection › 4-6-14-7. Notification

Sec. 7. (a) The attorney general shall make reasonable efforts to notify the patients and those individuals identified in:
(1) health records; or
(2) records or documents that contain personal information;
that the attorney general has taken possession of the records or documents. The notice in this subsection must include information about the procedure for either obtaining originals or copies of the records or having the original records sent to a duly authorized subsequent treating health care provider.
(b) Unless prohibited by law, the attorney general may also notify other persons, including professional organizations, hospitals, law enforcement agencies, and government units, who:
(1) may be able to assist in notifying persons whose records were abandoned and secured by the attorney general under this chapter; and
(2) when appropriate, may be able to assist in returning the records to those persons.
As added by P.L.84-2010, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 14. Health Records and Identifying Information Protection › 4-6-14-8. Length of Time Health Records Must Be Maintained; Destruction of Records

Sec. 8. (a) The attorney general shall maintain health records obtained under section 5 of this chapter for the lesser of the following:
(1) The time required under IC 16-39-7-1 and IC 16-39-7-2.
(2) Three (3) years after the date the records are secured.
(b) When the time expires under subsection (a), the attorney general may destroy the health records obtained under section 5 of this chapter.
As added by P.L.84-2010, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 14. Health Records and Identifying Information Protection › 4-6-14-9. Length of Time Personal Information Records Must Be Maintained; Destruction of Records

Sec. 9. (a) The attorney general shall maintain records that are not health records but contain personal information for at least three (3) years after the date the records are seized or secured.
(b) When the time expires under subsection (a) and after notification under section 7 of this chapter, the attorney general may destroy the records that contain personal information.
As added by P.L.84-2010, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 14. Health Records and Identifying Information Protection › 4-6-14-10. Health Records and Personal Identifying Information Protection Trust Fund

Sec. 10. (a) The health records and personal identifying information protection trust fund is established for the purpose of paying storage, maintenance, copying, mailing, and transfer of:
(1) health records; and
(2) records containing personal information;
as required under this chapter. Expenditures from the trust fund may be made only to carry out the purposes of this subsection.
(b) Subject to subsection (c), if a health care provider or a regulated professional is disciplined under IC 25-1-9 or IC 25-1-11, the board that issues the disciplinary order shall impose a fee against the individual of five dollars ($5). The fee must be deposited into the health records and personal identifying information protection trust fund.
(c) If the amount in the health records and personal identifying information protection trust fund exceeds seventy-five thousand dollars ($75,000), the fee imposed under subsection (b) may not be imposed on an individual who is subject to a disciplinary order.
(d) The attorney general shall administer the trust fund.
(e) The expenses of administering the trust fund shall be paid from the money in the fund.
(f) The treasurer of state shall invest the money in the trust fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
(g) Money in the trust fund at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.84-2010, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 14. Health Records and Identifying Information Protection › 4-6-14-10.5. Abandoned Health Records; Action to Recover Costs

Sec. 10.5. (a) This section applies only to a health care provider or former health care provider who is or was responsible for maintaining or possessing the health records that have been abandoned.
(b) The attorney general may file an action against a health care provider or former health care provider to recover costs incurred by the attorney general in implementing this chapter with respect to health records that have been abandoned by the health care provider or former health care provider.
(c) In an action filed under subsection (b), a court may order the health care provider or former health care provider to reimburse the attorney general's costs if the court finds that the health care provider or former health care provider intentionally or negligently abandoned the health records.
(d) Costs recovered under this section shall be deposited into the health records and personal identifying information protection trust fund established by section 10 of this chapter.
As added by P.L.76-2017, SEC.3.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 14. Health Records and Identifying Information Protection › 4-6-14-12. Cooperation With Other Agencies

Sec. 12. The following may cooperate with the attorney general's office to implement this chapter:
(1) The Indiana professional licensing agency and the appropriate board that regulates a health care provider or a regulated professional under IC 25.
(2) The state police department.
(3) A prosecuting attorney.
(4) Local law enforcement agencies.
(5) Federal law enforcement agencies.
As added by P.L.84-2010, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 14. Health Records and Identifying Information Protection › 4-6-14-14. Judicial Review

Sec. 14. A determination by the attorney general that health records or other records that contain personal information have been abandoned is subject to review in a circuit or superior court. A person who seeks to enforce this section must first notify the attorney general of the intention to seek judicial review.
As added by P.L.84-2010, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 15. Opioid Litigation and Settlements › 4-6-15-1. Definitions

Sec. 1. The following definitions apply throughout this chapter:
(1) "Opioid" has the meaning set forth in IC 35-48-1-21.
(2) "Opioid litigation" means any civil lawsuit, demand, or settlement, including any settlement in lieu of litigation, filed against any opioid party for any cause of action filed for the purpose of redressing the impact of the opioid epidemic to the state or any political subdivision.
(3) "Opioid party" means any manufacturer, consultant, marketer, distributor, prescriber, or dispenser of an opioid product.
(4) "Political subdivision" has the meaning set forth in IC 34-6-2-110.
As added by P.L.165-2021, SEC.36.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 15. Opioid Litigation and Settlements › 4-6-15-2. Political Subdivisions; Bound by Terms of Litigation; Opt Out and Opt Back in Provisions

Sec. 2. (a) Except as provided in subsection (b), all political subdivisions shall be considered a party to any settlement, including a settlement in lieu of litigation, in opioid litigation by the attorney general with an opioid party that is finalized with court approval after March 1, 2021. Except as provided in subsection (b), political subdivisions shall be bound by the terms of any opioid litigation settlement imposed by a bankruptcy court or any other court of competent jurisdiction as accepted by the attorney general.
(b) A political subdivision that has filed opioid litigation on or before January 1, 2021, may opt out of the settlement described in this section and choose to pursue its own claims by submitting written documentation as prescribed in subsection (c) to the attorney general by June 30, 2021. Except as provided in subsection (d), any political subdivision that opts out and chooses to maintain its own lawsuit under this section shall have no claim to any state or political subdivision funds paid according to the settlement authorized or approved by the attorney general.
(c) A document submitted by a political subdivision under subsection (b) to opt out of the settlement shall include:
(1) the name of the political subdivision electing to opt out;
(2) contact information for an individual at the political subdivision who can provide information regarding the decision to opt out; and
(3) a certified copy of the resolution adopted by the political subdivision to opt out;
of the settlement.
(d) Notwithstanding subsection (b), a political subdivision may opt back in to a settlement by submission of:
(1) the name of the political subdivision opting back in;
(2) contact information for an individual at the political subdivision who can provide information regarding the decision to opt back in;
(3) a certified copy of the resolution adopted by the political subdivision to opt back in; and
(4) a copy of the agreement that includes a term setting the amount of attorney's fees and costs owed to the private legal counsel executed between the private legal counsel of the political subdivision and the political subdivision that is opting back in;
to the settlement to the attorney general by July 15, 2022.
(e) A political subdivision that has not made a choice to opt out or that has opted back in to the settlement is bound by full release, waiver, and dismissal of all claims against the opioid party.
As added by P.L.165-2021, SEC.36. Amended by P.L.72-2022, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 15. Opioid Litigation and Settlements › 4-6-15-3. Prohibition Against Initiating Litigation

Sec. 3. After January 1, 2021, no political subdivision shall initiate or file opioid litigation in any court.
As added by P.L.165-2021, SEC.36. Amended by P.L.72-2022, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 15. Opioid Litigation and Settlements › 4-6-15-5. Distribution of Funds Received From Litigation Settlement; Funds Owed to Private Legal Counsel

Sec. 5. Before distributing funds to a city, county, or town that has opted back into a settlement under section 2(d) of this chapter, the office of the attorney general shall:
(1) withhold from distribution to the city, county, or town the funds owed to the private legal counsel of the city, county, or town; and
(2) distribute the attorney's fees and costs to the private legal counsel of the city, county, or town.
As added by P.L.72-2022, SEC.4. Amended by P.L.201-2023, SEC.59.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 16. Attorney General Contingency Fee Fund › 4-6-16-2. "Contingency Fee"

Sec. 2. As used in this chapter, "contingency fee" means a fee for legal services:
(1) performed by an attorney or attorneys employed within the attorney general's office;
(2) that are contingent upon attainment of a settlement agreement or court order in a civil case; and
(3) from which money is received that would otherwise be deposited as state funds in the agency settlement fund under IC 4-12-16-3(a).
As added by P.L.201-2023, SEC.60.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 16. Attorney General Contingency Fee Fund › 4-6-16-4. Amount of Contingency Fee

Sec. 4. (a) Subject to section 5 of this chapter, the attorney general is entitled to a contingency fee equal to:
(1) the amount of state funds that are received in a settlement agreement or court order described in IC 4-12-16-3(a); multiplied by
(2) the applicable contingency fee percentage under subsection (b).
(b) The applicable contingency fee percentage for purposes of subsection (a) shall not exceed the aggregate contingency fee sum of the following:
(1) Twenty-five percent (25%) of any recovery that exceeds two million dollars ($2,000,000) and that is not more than ten million dollars ($10,000,000).
(2) Twenty percent (20%) of any part of a recovery of more than ten million dollars ($10,000,000) and not more than fifteen million dollars ($15,000,000).
(3) Fifteen percent (15%) of any part of a recovery of more than fifteen million dollars ($15,000,000) and not more than twenty million dollars ($20,000,000).
(4) Ten percent (10%) of any part of a recovery of more than twenty million dollars ($20,000,000) and not more than twenty-five million dollars ($25,000,000).
(5) Five percent (5%) of any part of a recovery of more than twenty-five million dollars ($25,000,000).
(c) Money recovered as a contingency fee shall be deposited in the fund. The contingency fee amount shall first be deposited in the fund before the remaining recovered state funds are deposited in the agency settlement fund under IC 4-12-16-3(a).
As added by P.L.201-2023, SEC.60.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 16. Attorney General Contingency Fee Fund › 4-6-16-5. Use of Outside Counsel; Maximum Amount of Annual Deposits in the Fund

Sec. 5. (a) The attorney general is not entitled to a contingency fee if the attorney general hired private attorneys as outside counsel to litigate the case.
(b) The amount of money deposited in the fund each state fiscal year under this chapter may not exceed two million five hundred thousand dollars ($2,500,000). However, after review by the budget committee, the amount of money deposited in the fund in a given state fiscal year may exceed two million five hundred thousand dollars ($2,500,000).
As added by P.L.201-2023, SEC.60.
2023 Indiana Code › Title 4. State Offices and Administration › Article 6. Attorney General › Chapter 16. Attorney General Contingency Fee Fund › 4-6-16-6. Attorney General Contingency Fee Fund; Purposes

Sec. 6. (a) The attorney general contingency fee fund is established for the purposes of paying litigation costs of the attorney general's office.
(b) The fund consists of:
(1) money deposited in the fund under section 4 of this chapter; and
(2) all earnings on investments of the funds.
(c) The attorney general shall administer the fund.
(d) Subject to subsection (e), money in the fund may be used to fund future litigation and consumer education initiatives.
(e) Money deposited in the fund must be used in accordance with any settlement requirements imposed for its use as determined by court order.
(f) The expenses of administering the fund shall be paid from the money in the fund.
(g) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
(h) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.201-2023, SEC.60.
2023 Indiana Code › Title 4. State Offices and Administration › Article 7. Auditor of State › Chapter 1. Auditor of State › 4-7-1-1. Commencement of Term; Bond; Auditor of State Known as State Comptroller

Sec. 1. (a) The individual elected as auditor of state shall take office on January 1 following the individual's election.
(b) The auditor of state, before entering upon the duties of office shall execute an official bond, for the sum of ten thousand dollars ($10,000), to be approved by the governor.
(c) The auditor of state shall also be known as the state comptroller. After June 30, 2023, the auditor of state's office shall use the title "state comptroller" in conducting state business, in all contracts, on business cards, on stationery, and with other means of communication as necessary. The change in title under this subsection does not invalidate any documents or transactions conducted in the name of the auditor of state.
Formerly: Acts 1852, 1RS, c.7, s.1. As amended by P.L.8-1995, SEC.68; P.L.201-2023, SEC.61.
2023 Indiana Code › Title 4. State Offices and Administration › Article 7. Auditor of State › Chapter 1. Auditor of State › 4-7-1-3. Powers and Duties; Statement of Property, Money, Security, or Funds of State

Sec. 3. (a) The auditor of state shall, from time to time, require all persons receiving money or securities, or having the management of any property, money, securities, or funds of the state, of an account that is kept in the auditor of state's office, to render statements to the auditor of state.
(b) The officers or persons described in subsection (a) shall render the statements, at a time and in a form as required by the auditor of state.
Formerly: Acts 1852, 1RS, c.7, s.3. As amended by P.L.215-2016, SEC.49.
2023 Indiana Code › Title 4. State Offices and Administration › Article 7. Auditor of State › Chapter 1. Auditor of State › 4-7-1-4. Oath; Adjustment or Settlement of Claim

Sec. 4. The auditor of state shall have power to administer oaths in the adjustment or settlement of all claims for or against the state.
Formerly: Acts 1852, 1RS, c.7, s.4. As amended by P.L.215-2016, SEC.50.
2023 Indiana Code › Title 4. State Offices and Administration › Article 7. Auditor of State › Chapter 1. Auditor of State › 4-7-1-4.1. Approval of Forms

Sec. 4.1. (a) All forms and reports that are used by the auditor of state to enter information into the auditor of state's accounting system are subject to the approval of the auditor of state.
(b) The auditor of state shall approve forms and reports used by the auditor of state in a paper form, as a facsimile, or in an electronic form. This section may not be implemented in a manner that interferes with the duties and powers of:
(1) the state board of accounts under IC 5-11-1-2; or
(2) the oversight committee on public records or the Indiana archives and records administration under IC 5-15-5.1-5.
(c) The auditor of state may require that a form or report submitted to the auditor of state for processing must be submitted in paper form, as a facsimile, or electronically if the requirement:
(1) is approved by the state board of accounts; and
(2) does not create a hardship for a person that submits the form or report to the auditor of state.
As added by P.L.6-1996, SEC.2. Amended by P.L.19-1997, SEC.1; P.L.171-2015, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 7. Auditor of State › Chapter 1. Auditor of State › 4-7-1-5. Duties of Auditor Upon Issuing Warrants or Authorizing Electronic Funds Transfer

Sec. 5. Whenever any person is entitled to draw money from the state treasury, the auditor may draw a warrant in the auditor's favor on the treasurer of state or authorize an electronic funds transfer in conformity with IC 4-8.1-2-7. The auditor of state shall:
(1) enter in a proper book provided for that purpose every warrant or electronic funds transfer the auditor draws on the treasury:
(A) in the order the auditor issues the warrant or transfer;
(B) in a manner as to show the date;
(C) in whose favor drawn;
(D) the nature of the claim upon which it is founded; and
(E) with a reference to the law under which it is drawn;
(2) carry the entries into a book of general accounts, under separate and distinct heads; and
(3) number and file, in the auditor's office, all papers and vouchers upon which the auditor shall issue any warrant or electronic funds transfer for the payment of money.
Formerly: Acts 1852, 1RS, c.7, s.5. As amended by P.L.32-1995, SEC.2; P.L.215-2016, SEC.51.
2023 Indiana Code › Title 4. State Offices and Administration › Article 7. Auditor of State › Chapter 1. Auditor of State › 4-7-1-6. Failure to Render Accounts to Auditor; Damages; Interest

Sec. 6. Whenever any officer or other person has received moneys belonging to the state, or has been entrusted with the collection, management or disbursement of any moneys, funds or interest accruing therefrom, belonging to or held in trust by the state, and shall fail to render an account thereof to, and make settlement with, the auditor, within the time prescribed by law, or where no particular time is prescribed, shall fail to render such account and make settlement, upon being required so to do by the auditor, within ten (10) days after such requisition, the auditor shall state an account against such officer or person, charging ten per cent (10%) damages, and interest at the rate of six per cent (6%) per annum from the time of failing to render an account and settle as aforesaid.
Formerly: Acts 1852, 1RS, c.7, s.6.
2023 Indiana Code › Title 4. State Offices and Administration › Article 7. Auditor of State › Chapter 1. Auditor of State › 4-7-1-7. Failure to Pay Accounts; Suit for Recovery

Sec. 7. Whenever any officer or other person shall render an account to, and make settlement with the auditor, as in this chapter required, and shall fail to pay over to the treasurer of state the amount to be paid by such officer or person into the state treasury, or to such person as shall be entitled by law to receive the same, within the time prescribed by law, or if no time is prescribed by law, then within the time specified by such auditor, the auditor, upon being notified by said treasurer, or otherwise, of such failure, shall institute suit for the recovery of the amount due and unpaid.
Formerly: Acts 1852, 1RS, c.7, s.7. As amended by P.L.5-1984, SEC.29.
2023 Indiana Code › Title 4. State Offices and Administration › Article 7. Auditor of State › Chapter 1. Auditor of State › 4-7-1-8. Suits to Recover on Accounts; Evidence

Sec. 8. A copy of the account, in a case made out and certified by the auditor, shall be sufficient evidence to support an action for the amount stated to be due, without proof of the signature or official character of the auditor, subject to the right of the defendant to plead and give in evidence, as in other actions, all matters as shall be legal and proper for the defendant's defense.
Formerly: Acts 1852, 1RS, c.7, s.8. As amended by P.L.215-2016, SEC.52.
2023 Indiana Code › Title 4. State Offices and Administration › Article 7. Auditor of State › Chapter 1. Auditor of State › 4-7-1-9. Suits to Recover on Accounts; Costs

Sec. 9. The party sued shall be subject to the costs and charges of suit, except in cases in which the party shall have rendered a true account, and shall also have paid the amount to the proper person authorized to receive the same, before the commencement of the suit, or unless suit is brought against the representative of the original party.
Formerly: Acts 1852, 1RS, c.7, s.9. As amended by P.L.215-2016, SEC.53.
2023 Indiana Code › Title 4. State Offices and Administration › Article 7. Auditor of State › Chapter 1. Auditor of State › 4-7-1-10. Suits to Recover on Accounts; Evidence Existing Before Adjustment and Settlement; Costs

Sec. 10. If any defendant in any such suit, upon the trial, gives any evidence which existed prior to the time of such adjustment and settlement, and which was not produced to such auditor at the time of said settlement, such defendant shall be subject to the costs and charges of such suit.
Formerly: Acts 1852, 1RS, c.7, s.10.
2023 Indiana Code › Title 4. State Offices and Administration › Article 7. Auditor of State › Chapter 1. Auditor of State › 4-7-1-11. Suits to Recover on Accounts; Remedies

Sec. 11. Nothing contained in the provisions of this chapter shall be so construed as to affect any legal remedy which might be used if such provisions were not in force for the recovery of any claim in favor of the state.
Formerly: Acts 1852, 1RS, c.7, s.11. As amended by P.L.5-1984, SEC.30.
2023 Indiana Code › Title 4. State Offices and Administration › Article 7. Auditor of State › Chapter 1. Auditor of State › 4-7-1-15. Inspection of Office

Sec. 15. All the books, papers, letters and transactions pertaining to the office of auditor shall be open to the inspection of a committee of the general assembly, or either branch thereof, and also to the inspection of the governor.
Formerly: Acts 1852, 1RS, c.7, s.16.
2023 Indiana Code › Title 4. State Offices and Administration › Article 7. Auditor of State › Chapter 2. Chief Deputies › 4-7-2-1. Designation; Summary

Sec. 1. The auditor of state is authorized to designate two (2) of the auditor of state's deputies as chief deputies. The chief deputies shall not be members of the same political party and their salaries shall be fixed by the state budget committee.
Formerly: Acts 1967, c.19, s.1. As amended by P.L.215-2016, SEC.54.
2023 Indiana Code › Title 4. State Offices and Administration › Article 8.1. Treasurer of State › Chapter 1. The State Treasury › 4-8.1-1-1. Composition

Sec. 1. The state treasury is composed of:
(1) all moneys collected under any law of this state providing for the collection of revenue for state purposes;
(2) all moneys borrowed on the credit of the state by the treasurer of state or any other authorized agent of the state;
(3) all moneys derived from the sale of property belonging to or held in trust by the state;
(4) all moneys and securities belonging to, lent to, or held in trust by the state, where no other disposition of them is required by law;
(5) all income derived in any manner from any money or property specified in this section;
(6) every fee, perquisite, or bonus received by any state officer in the discharge of the state officer's duties;
(7) all dividends arising from bank or other stock appropriated to the payment of any part of the interest on the public debt; and
(8) all moneys from any source paid, belonging, or accruing to the state for the use of the state or to a state fund for any purpose.
As added by Acts 1979, P.L.22, SEC.1. Amended by P.L.215-2016, SEC.55.
2023 Indiana Code › Title 4. State Offices and Administration › Article 8.1. Treasurer of State › Chapter 1. The State Treasury › 4-8.1-1-3. General Fund

Sec. 3. The general fund consists of all moneys paid into the state treasury which are not by the constitution, statute, or requirement of the donor dedicated to another fund or for another purpose.
As added by Acts 1979, P.L.22, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 8.1. Treasurer of State › Chapter 1. The State Treasury › 4-8.1-1-4. Investment of Money; Law Governing

Sec. 4. The investment of the money in the state treasury is governed by IC 5-13.
As added by Acts 1979, P.L.22, SEC.1. Amended by P.L.3-1990, SEC.15.
2023 Indiana Code › Title 4. State Offices and Administration › Article 8.1. Treasurer of State › Chapter 1. The State Treasury › 4-8.1-1-5. Inspection of Treasury and Records by Committee

Sec. 5. A committee of the general assembly or of either of its houses or a committee of persons who are appointed by the general assembly but who are not members of the general assembly, when authorized by the general assembly by resolution, may inspect the state treasury and the records relating to the state treasury.
The committee may compel the attendance of witnesses and send for persons and papers.
As added by Acts 1979, P.L.22, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 8.1. Treasurer of State › Chapter 1. The State Treasury › 4-8.1-1-6. Inspection of Treasury and Records by State Board of Accounts or Certified Public Accountant

Sec. 6. (a) The governor may request the state board of accounts or appoint a certified public accountant to make, without previous notice of an inspection, a thorough inspection of the state treasury and the records relating to the state treasury. The treasurer of state, the auditor of state, and the employees of their offices, shall assist the state board of accounts or the accountant in all ways necessary to the performance of the inspection. The state board of accounts or the accountant is authorized to administer oaths to the treasurer of state, the auditor of state, or their employees for the purpose of obtaining sworn testimony. The state board of accounts or the accountant may compel the attendance of witnesses and send for persons and papers.
(b) The state board of accounts or the accountant shall certify the accountant's findings to the treasurer of state, the auditor of state, and the governor.
(c) The accountant shall be paid for the accountant's services and the accountant's expenses by the governor out of the governor's contingency fund at a rate determined reasonable by the governor.
As added by Acts 1979, P.L.22, SEC.1. Amended by P.L.215-2016, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 8.1. Treasurer of State › Chapter 1. The State Treasury › 4-8.1-1-7. Deposit of Certain Funds

Sec. 7. (a) As used in this section, "private entity" means a corporation or other business entity that uses facilities that were financed, in whole or in part, with the proceeds of bonds issued by the Indiana finance authority under IC 8-9.5, IC 8-14.5, or IC 8-21-12.
(b) If a private entity makes a payment to the state under an agreement requiring the recipient to make such a payment upon failure to achieve prescribed levels of investment, employment, or wages at the facilities described in subsection (a), the payment shall be deposited in the state general fund.
As added by P.L.32-2002, SEC.1. Amended by P.L.235-2005, SEC.52.
2023 Indiana Code › Title 4. State Offices and Administration › Article 8.1. Treasurer of State › Chapter 1. The State Treasury › 4-8.1-1-8. Deposit of Payments Made by United Air Lines to State

Sec. 8. Notwithstanding section 7 of this chapter, as amended by P.L.235-2005, SECTION 52, any payment made on or after April 1, 2007, by United Air Lines, Inc., to the state of Indiana under the IMC 757/767 Project Agreement, dated December 1, 1994, between the Indiana Economic Development Corporation and United Air Lines, Inc., upon failure to achieve prescribed levels of investment, employment, or wages set forth in the agreement at certain facilities that were financed with the proceeds of bonds issued by the Indiana finance authority under IC 8-21-12, shall be deposited as follows:
(1) Fifty percent (50%) of the money shall be deposited in the affordable housing and community development fund established by IC 5-20-4-7. The proceeds of any such payments are continuously appropriated for the purposes specified in IC 5-20-4-8. Any such proceeds in the affordable housing and community development fund that remain unexpended at the end of any state fiscal year remain in the fund until expended and do not revert to the state general fund due to United States Internal Revenue Service requirements related to outstanding Indiana finance authority bonds.
(2) Fifty percent (50%) of the money shall be distributed among the counties that either have at least one (1) unit that has established an affordable housing fund under IC 5-20-5-15.5 or a housing trust fund established under IC 36-7-15.1-35.5(e) in proportion to the population of each county. The money shall be allocated within the county as follows:
(A) In a county that does not contain a consolidated city and has at least one (1) unit that has established an affordable housing fund under IC 5-20-5-15.5, the amount to be distributed to each unit that has established an affordable housing fund under IC 5-20-5-15.5 is the amount available for distribution multiplied by a fraction. The numerator of the fraction is the population of the unit. The denominator of the fraction is the population of all units in the county that have established an affordable housing fund. For purposes of allocating an amount to the affordable housing fund established by the county, the population to be used for that unit is the population of the county outside any city or town that has established an affordable housing fund. The allocated amount shall be deposited in the unit's affordable housing fund for the purposes of the fund.
(B) In a county to which clause (A) does not apply, the money 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.220-2011, SEC.25.
2023 Indiana Code › Title 4. State Offices and Administration › Article 8.1. Treasurer of State › Chapter 2. The Treasurer of State › 4-8.1-2-1. Safekeeping and Investment of Money and Securities

Sec. 1. The treasurer of state is responsible for the safekeeping and investment of moneys and securities paid into the state treasury.
As added by Acts 1979, P.L.22, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 8.1. Treasurer of State › Chapter 2. The Treasurer of State › 4-8.1-2-2. Receipt, Accounting For, and Payment of Funds

Sec. 2. The treasurer of state shall receive, account for, and pay over all moneys which are required by law to be paid into the state treasury.
As added by Acts 1979, P.L.22, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 8.1. Treasurer of State › Chapter 2. The Treasurer of State › 4-8.1-2-3. Delivery of Money and Securities to Successor

Sec. 3. The treasurer of state shall deliver to the treasurer of state's successor in office all money and securities and all effects of the treasurer of state's office.
As added by Acts 1979, P.L.22, SEC.1. Amended by P.L.215-2016, SEC.57.
2023 Indiana Code › Title 4. State Offices and Administration › Article 8.1. Treasurer of State › Chapter 2. The Treasurer of State › 4-8.1-2-4. Commencement of Term; Bond of Treasurer and Deputies

Sec. 4. (a) The individual elected as treasurer of state shall take office on January 1 following the individual's election.
(b) The treasurer of state and the treasurer's deputy treasurers shall each give bond in an amount determined by the auditor of state and the governor. The bond shall be conditioned on the faithful performance of the duties as treasurer of state and deputy treasurer, respectively. The bond must be procured from a surety company authorized by law to transact business in this state.
As added by Acts 1979, P.L.22, SEC.1. Amended by P.L.115-2008, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 8.1. Treasurer of State › Chapter 2. The Treasurer of State › 4-8.1-2-5. Use of Funds as Provided by Law; Unlawful Receipt of Gratuities

Sec. 5. (a) The treasurer of state may not use or permit any other person to use the money or property received by the treasurer of state or paid into the state treasury, except as permitted by law.
(b) The treasurer of state may not receive for the treasurer of state's own use any interest, premium, gratuity, or bonus from the disposition of, or arising out of, any money or property belonging to the state, to any county of the state, to any state or county fund, or to any other political subdivision.
As added by Acts 1979, P.L.22, SEC.1. Amended by P.L.215-2016, SEC.58.
2023 Indiana Code › Title 4. State Offices and Administration › Article 8.1. Treasurer of State › Chapter 2. The Treasurer of State › 4-8.1-2-6. Report of Collections Due State; Acknowledgment of Receipt by Treasurer; Duties of Auditor

Sec. 6. Before money may be deposited in the state treasury, the treasurer of state must receive from the person or agency making the deposit a report of collections due the state treasury, describing the source of the money and the fund and account to which they are to be credited. The treasurer of state shall acknowledge receipt of the money deposited in the state treasury and shall send the original of the report of collections to the auditor of state, who shall, after preaudit, prepare the auditor of state's accounting forms from the report. The auditor of state shall give the person or agency depositing the money the appropriate auditor's form. The treasurer of state and the auditor of state shall reconcile collections daily.
As added by Acts 1979, P.L.22, SEC.1. Amended by P.L.215-2016, SEC.59.