HB 1292-1_ Filed 02/25/2002, 10:46 Bray
Adopted 2/25/2002
SENATE MOTION
MR. PRESIDENT:
I move
that Engrossed House Bill 1292 be amended to read as follows:
SOURCE: Page 1, line 1; (02)MO129203.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 4-10-10-3; (02)MO129203.1. -->
"SECTION 1. IC 4-10-10-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. (a) Not later than
November 16, 1953, and not later than March 2 in of each year,
thereafter, the treasurer auditor of state and the disbursing officer of
any other state agency shall prepare or cause to be prepared a list of all
state warrants or checks which have been outstanding for a period of
two (2) or more years as of December 31 last preceding. of the
previous year.
(b) Not less than four (4) copies of such lists shall be prepared or
caused to be prepared by the treasurer auditor of state and the
disbursing officer of each state agency.
(c) The original list of outstanding state warrants shall be filed with
the state board of finance which shall be preserved as an official record
of the board and become a part of the minutes of the state board of
finance. The duplicate copy shall be retained by the treasurer auditor
of state. The third copy shall be transmitted to the auditor treasurer of
state and the fourth copy filed with the state board of accounts.
(d) The original list prepared by other state agencies shall be filed
with the responsible head of such the agency. The duplicate copy shall
be retained by the disbursing officer or person preparing the list. The
third copy shall be transmitted to the auditor of state and the fourth
copy transmitted to the state board of accounts.
SOURCE: IC 4-10-10-5; (02)MO129203.2. -->
SECTION 2. IC 4-10-10-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. (a) Upon the
treasurer auditor of state's transmitting the list of such outstanding
state warrants to the auditor treasurer of state, such the auditor of
state shall enter the amounts so listed by the treasurer of state as a
receipt into a cancelled canceled warrant holding account in which
account the funds shall be held for a period of five (5) years.
(b) The treasurer of state shall enter such amounts in his the
treasurer of state's records as a receipt into the same fund as was done
by the auditor of state and shall also remove the warrants from the
record of outstanding warrants.
(c) All warrants that have been outstanding seven (7) years as of
December 31 of any year shall be receipted into the fund from which
they were originally drawn. Provided, However, That if the fund from
which the warrants were originally drawn is not in existence, or cannot
be ascertained, the amounts of such outstanding warrants shall be
receipted into the state general fund. of the state.
SOURCE: IC 4-10-10-7; (02)MO129203.3. -->
SECTION 3. IC 4-10-10-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7. (a) If any a state
warrant shall be is presented for payment which has been declared
cancelled canceled as hereinbefore provided in this chapter, the
holder of such the warrant shall:
(1) deliver it the warrant to the treasurer auditor of state; and
shall
(2) file a claim voucher stating under oath:
(A) that he the holder is the owner of the warrant;
(B) that the money is justly due him the holder; and
(C) relating the circumstances that prevented the warrant from
being presented for payment within a reasonable time.
Provided, However, That any warrants outstanding for more than
seven (7) years shall be considered void and no recovery shall be had.
(b) If the treasurer auditor of state shall find finds the claim in
order, he the auditor of state shall:
(1) approve the claim; and shall transmit the claim to the auditor
of state, who shall
(2) issue a warrant to the claimant against the holding account
into which the original warrant was receipted.
SOURCE: IC 4-10-10-8; (02)MO129203.4. -->
SECTION 4. IC 4-10-10-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 8. (a) If any a check
shall be is presented for payment which has been declared cancelled
canceled by a state agency as hereinbefore provided in this chapter,
the holder thereof of the check shall:
(1) deliver such the check to the disbursing officer of the agency
who issued it, or his or that officer's successor; and shall
(2) file with such the agency a claim voucher stating under oath:
he
(A) that the holder is the owner of said the check;
(B) that the money is justly due him the holder; and
(C) relating the circumstances that prevented the check from
being presented for payment within a reasonable time.
Provided,
However, That any checks outstanding for more than seven (7) years
shall be considered void.
(b) If the agency shall find finds the claim in order:
(1) the administrative officer of the agency shall approve it the
claim; and cause
(2) the disbursing officer to shall:
(A) issue a check or warrant payable to the holder of the
cancelled canceled check; and shall
(B) charge the amount of such check so issued as refund of a
cancelled canceled check from the fund or account into which
the money was receipted when the original check was declared
cancelled. canceled.
SOURCE: IC 4-10-10-9; (02)MO129203.5. -->
SECTION 5. IC 4-10-10-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 9. The lists of
outstanding state warrants or checks
transmitted to prepared by the
auditor of state shall be retained in the office of auditor of state for a
period of ten (10) years. All other lists shall be retained until such time
as they may be ordered destroyed, removed, or transferred by the
commission on public records as provided by IC 5-15-5.1.".
Renumber all SECTIONS consecutively.
(Reference is to EHB 1292 as printed February 22, 2002.)
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MO129203/DI 75 2002