When the Clerk Treasurer, for violation of an enforcement provision, receives payment of any fines, fees or costs pursuant to § 35.29, § 35.32 and § 35.34(A)(1) or (A)(2), or possesses on behalf of the town any forfeited security deposits as undischarged bond for appearance pursuant to § 35.22(B)(1) or (C)(1) or receives payment of recovered damages or loss pursuant to § 35.34(A)(3) and to the extent that any such payment does not escheat to an insurance company which has previously made compensatory payment to the town, the money or property so received shall be administered and allocated by the Clerk- Treasurer in accordance with the following provisions of this section:
(A) In the case of money paid as fines for penal violations of any enforcement provisions, the money shall be deposited in the General Fund unless the particular enforcement provision stipulates that any fines be deposited in some other designated fund.
(B) In the case of any forfeited security deposit, the Clerk-Treasurer shall record the complaint as having been compromised and settled upon taking possession thereof and shall make disposition of the possessed security as provided in this subsection:
(1) If the deposit has been made and forfeited pursuant to § 35.22, and,
(a) The security is a deposit of cash or a directly depositable cash instrument such as a traveler's check or certified check, then the Clerk-Treasurer shall allocate and deposit the possessed security as through it were an ordinary payment of the fine owing, in the same manner as provided in division (A) above, and notwithstanding the fact that the cash value of the security deposit may exceed the amount of fine originally requested in the complaint; or if,
(b) The security deposit is a negotiable instrument such as a bond, note or debenture, having a convertible cash value but which is not directly depositable, the Clerk-Treasurer shall proceed to convert the instrument or may sell the instrument on the securities market for such price as it will bring, and the net proceeds from the conversion or sale after deduction of any applicable sales commissions or transaction fees shall be allocated and deposited as though they were an ordinary payment of the fine owing, in the same manner as provided in division (A) above, and notwithstanding the fact that the net proceeds may exceed the amount of fine originally requested in the complaint; provided further, that if the security is an investment instrument of the kind which it is lawful for the town to own and hold as an investment of public funds pursuant to IC 5-13-9 or any other law authorizing the investment of public funds and the Clerk-Treasurer shall determine that it would be of greater financial advantage and benefit to the town, the Clerk-Treasurer may keep the security as an investment asset of the town instead of converting or selling the security, and the principal amount thereof shall be allocated and credited to the appropriate fund or funds to which a cash receipt would be allocated and deposited pursuant to division (A) and the interest or other earning therefrom shall be allocated and deposited in the fund or funds as would ordinarily be the case for other town investments; or if,
(c) The security deposit is any other valuable personal or real property, the Clerk- Treasurer shall provide for the same to be offered for sale as surplus property of the town in accordance with the provisions of IC 36-1-11, and the net proceeds of the sale, after deduction of the costs of conducting the sale shall be allocated and deposited as though they were an ordinary payment of the fine, owing in the same manner as provided in division (A) above, and notwithstanding the fact that the net proceeds of the sale may exceed the amount of fine originally requested in the complaint; or
(2) [Reserved.]
(C) In the case of payment of an amount attributable to the town's portion of the municipal prosecutor's fees owing and paid by the Clerk of the Court pursuant to IC 33-19-5-1, the Clerk-Treasurer shall deposit the amount in the General Fund.
(E) In the case of a payment for recover of damage or loss occasioned by the violation of an enforcement provision pursuant to § 35.34(C), any such payment shall be proportionally allocated to the fund or funds from which:
(1) Payment will or has been made to repair or replace the damaged property, or to the General Fund if the property will not be repaired or replaced; or
(2) Any other pecuniary loss has occurred, has or will be debited, or from which the loss has or will be made up, if the specific fund or funds are identifiable and if not, to the General Fund.
('85 Code, § 1-3-19)
Editor’s note:
IC 33-19-5-1 was repealed by P.L. 98-2004, Sec. 164.