Ind. Code ch. 4-12-16

in effect

Ind. Code § 4-12-16-1 Fund refers to the agency settlement fund

Sec. 1. As used in this chapter, "fund" refers to the agency settlement fund established by section 2 of this chapter. As added by P.L.217-2017, SEC.39.

Ind. Code § 4-12-16-2 Agency settlement fund established

Sec. 2. The agency settlement fund is established for the purposes of receiving the funds described in section 3(a) of this chapter. As added by P.L.217-2017, SEC.39.

Ind. Code § 4-12-16-3 Sources of money for the fund

Sec. 3. (a) The fund consists of: (1) except as provided in subsections (b) and (c), IC 4-12-16.2, and IC 4-12-16.3, all funds received by the state, less any amount owed for outside counsel attorney's fees, costs, or expenses, under: (A) multistate and Indiana specific settlements; (B) assurances of voluntary compliance accepted by the attorney general; and (C) any other form of agreement that: (i) is enforceable by a court; and (ii) settles litigation between the state and another party; and (2) all money recovered as court costs or costs related to litigation. (b) Any amount of restitution that is: (1) awarded to an individual or institution under a settlement or assurance of voluntary compliance; (2) unclaimed by an individual or institution; (3) received by a state agency; and (4) determined to be abandoned property under IC 32-34-1.5; must be deposited in the abandoned property fund under IC 32-34-1.5-42. (c) The fund does not include the following: (1) Funds received by the state department of revenue. (2) Funds required to be deposited in the securities division enforcement account (IC 23-19-6-1). (3) Funds received as the result of a civil forfeiture under IC 34-24-1. (4) Funds received as a civil penalty or as part of an enforcement or collection action by an agency authorized to impose a civil penalty or engage in an enforcement or collection action, if the funds are required to be deposited in the general fund or another fund by statute. (5) Funds recovered by the Medicaid fraud control unit in actions to recover money inappropriately paid out of or obtained from the state Medicaid program. (6) Amounts required to be paid as consumer restitution or refunds in settlements specified in this chapter. (7) Amounts received under the Master Settlement Agreement (as defined in IC 24-3-3-6). (8) Amounts received as a result of opioid litigation settlements that are required to be distributed as provided in IC 4-6-15-4. (9) Amounts deposited in the attorney general contingency fee fund under IC 4-6-16. As added by P.L.217-2017, SEC.39. Amended by P.L.201-2018, SEC.2; P.L.141-2021, SEC.2; P.L.201-2023, SEC.68.

Ind. Code § 4-12-16-4 Fund administered by the budget agency

Sec. 4. The fund shall be administered by the budget agency. As added by P.L.217-2017, SEC.39.

Ind. Code § 4-12-16-5 Use of money in the fund

Sec. 5. (a) A state agency may use the money in the fund after appropriation of the money in the fund by the general assembly. (b) The budget agency shall report to the budget committee on each request for augmentation the budget agency receives that is for an amount that exceeds one hundred thousand dollars ($100,000). (c) The proceeds of a particular settlement, assurance of voluntary compliance, or other form of agreement that are deposited in the fund must be used by the state agency according to any court order that applies to the settlement, assurance of voluntary compliance, or other form of agreement. As added by P.L.217-2017, SEC.39. Amended by P.L.201-2023, SEC.69.

Ind. Code § 4-12-16-6 Expenses paid from money in the fund

Sec. 6. The expenses of administering the fund shall be paid from money in the fund. As added by P.L.217-2017, SEC.39.

Ind. Code § 4-12-16-7 Investment of money in the fund

Sec. 7. The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund. As added by P.L.217-2017, SEC.39.

Ind. Code § 4-12-16-8 Money in the fund does not revert

Sec. 8. Money in the fund at the end of a state fiscal year does not revert to the state general fund. As added by P.L.217-2017, SEC.39.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/4Fetched: 10/17/2026