Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 35-44.2-2
     Chapter 2. Purchasing Offenses

IC 35-44.2-2-1 Version a
Violation of the depository rule
    
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
    Sec. 1. A public servant who knowingly or intentionally fails to deposit public funds (as defined in IC 5-13-4-20) not later than one (1) business day following the receipt of the funds, in a depository in the name of the state or political subdivision by the public servant having control of the funds, commits a violation of the depository rule, a Class A misdemeanor. However, the offense is a Class D felony if the amount involved is at least seven hundred fifty dollars ($750), and a Class C felony if the amount involved is at least fifty thousand dollars ($50,000).
As added by P.L.126-2012, SEC.55.

IC 35-44.2-2-1 Version b
Violation of the depository rule
    
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
    Sec. 1. A public servant who knowingly or intentionally fails to deposit public funds (as defined in IC 5-13-4-20) not later than one (1) business day following the receipt of the funds, in a depository in the name of the state or political subdivision by the public servant having control of the funds, commits a violation of the depository rule, a Class A misdemeanor. However, the offense is a Level 6 felony if the amount involved is at least seven hundred fifty dollars ($750), and a Level 5 felony if the amount involved is at least fifty thousand dollars ($50,000).
As added by P.L.126-2012, SEC.55. Amended by P.L.158-2013, SEC.520.

IC 35-44.2-2-2
Violation of the cashbook rule
    
Sec. 2. A public servant who receives public funds (as defined in IC 5-13-4-20) and fails to:
        (1) keep a cashbook (as defined in IC 5-13-5-1);
        (2) not later than one (1) business day following the receipt of the funds, enter into the cashbook, by item, all receipts of public funds; or
        (3) balance the cashbook daily to show funds on hand at the close of each day;
commits a violation of the cashbook rule, a Class B misdemeanor.
As added by P.L.126-2012, SEC.55.

IC 35-44.2-2-3
Violation of the itemization and certification rule
    
Sec. 3. (a) This subsection does not apply to the following:


        (1) A state educational institution (as defined in IC 21-7-13-32).
        (2) A municipality (as defined in IC 36-1-2-11).
        (3) A county.
        (4) An airport authority operating in a consolidated city.
        (5) A capital improvements board of managers operating in a consolidated city.
        (6) A board of directors of a public transportation corporation operating in a consolidated city.
        (7) A municipal corporation organized under IC 16-22-8-6.
        (8) A public library.
        (9) A library services authority.
        (10) A hospital organized under IC 16-22 or a hospital organized under IC 16-23.
        (11) A school corporation (as defined in IC 36-1-2-17).
        (12) A regional water or sewer district organized under IC 13-26 or under IC 13-3-2 (before its repeal).
        (13) A municipally owned utility (as defined in IC 8-1-2-1).
        (14) A board of an airport authority under IC 8-22-3.
        (15) A conservancy district.
        (16) A board of aviation commissioners under IC 8-22-2.
        (17) A public transportation corporation under IC 36-9-4.
        (18) A commuter transportation district under IC 8-5-15.
        (19) A solid waste management district established under IC 13-21 or IC 13-9.5 (before its repeal).
        (20) A county building authority under IC 36-9-13.
        (21) A soil and water conservation district established under IC 14-32.
        (22) The northwestern Indiana regional planning commission established by IC 36-7-7.6-3.
        (23) The commuter rail service board established under IC 8-24-5.
        (24) The regional demand and scheduled bus service board established under IC 8-24-6.
    (b) A disbursing officer (as described in IC 5-11-10) who knowingly or intentionally pays a claim that is not:
        (1) fully itemized; and
        (2) properly certified to by the claimant or some authorized person in the claimant's behalf, with the following words of certification: I hereby certify that the foregoing account is just and correct, that the amount claimed is legally due, after allowing all just credits, and that no part of the same has been paid;
commits a violation of the itemization and certification rule, a Class A misdemeanor.
As added by P.L.126-2012, SEC.55.

IC 35-44.2-2-4
Unlawful competitive bidding
    
Sec. 4. (a) As used in this section, a "purchase" means:
        (1) the purchase of materials, equipment, goods and supplies for

at least ten thousand dollars ($10,000); or
        (2) the leasing of equipment for at least five thousand dollars ($5,000).
    (b) A state purchaser of materials (as described in IC 5-17-1) who fails to advertise (as defined in IC 5-3-1) for, receive, or consider bids for purchase commits unlawful competitive bidding, a Class A misdemeanor.
As added by P.L.126-2012, SEC.55.

IC 35-44.2-2-5
Improper teacher's retirement fund accounting
    
Sec. 5. A person who knowingly, intentionally, or recklessly violates:
        (1) IC 5-10.4-3-10;
        (2) IC 5-10.4-3-12;
        (3) IC 5-10.4-3-14; or
        (4) IC 5-10.4-3-15;
commits improper teacher's retirement fund accounting, a Class A misdemeanor.
As added by P.L.126-2012, SEC.55.

IC 35-44.2-2-6
Unauthorized borrowing by a board of trustees or correctional facility
    
Sec. 6. A board of trustees or correctional facility that borrows without legislative approval under IC 4-10-14-1 is subject to a civil action for an infraction under IC 4-10-14-2.
As added by P.L.126-2012, SEC.55.

IC 35-44.2-2-7
Improper disposal of a law enforcement vehicle
    
Sec. 7. A person who improperly disposes of a law enforcement vehicle is subject to a civil action for an infraction under IC 5-22-22-9.
As added by P.L.126-2012, SEC.55.