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.)

________________________________________

Senator BRAY


MO129203/DI 75     2002