Ind. Code § 6-1.1-27-5
Prosecuting attorney; duties
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2025
As of January 1, 2018
Sec. 5. (a) The state auditor shall notify the appropriate county prosecuting attorney if:
Sec. 5. (a) The state comptroller shall notify the prosecuting attorney of the appropriate judicial circuit if:
(1) the money due the state as shown by a certificate of settlement is not paid to the state treasurer by the time required under section 3 of this chapter; and
(1) the money due the state as shown by a certificate of settlement is not paid to the state treasurer by the time required under section 3 of this chapter; and
(2) the nonpayment is caused by the failure of: (A) the county auditor to prepare and deliver a certificate of settlement to the county treasurer; (B) the county treasurer to make payment; or (C) the county auditor to issue a warrant for the amount due the state. (b) When a county prosecuting attorney receives the notice required by this section, the county prosecuting attorney shall initiate a suit in the name of the state against the defaulting county auditor or treasurer. The defaulting party is liable in an amount equal to one hundred fifteen percent (115%) of the amount due the state.
(2) the nonpayment is caused by the failure of: (A) the county auditor to prepare and deliver a certificate of settlement to the county treasurer; (B) the county treasurer to make payment; or (C) the county auditor to issue a warrant for the amount due the state. (b) When a prosecuting attorney receives the notice required by this section, the prosecuting attorney shall initiate a suit in the name of the state against the defaulting county auditor or treasurer. The defaulting party is liable in an amount equal to one hundred fifteen percent (115%) of the amount due the state.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.