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2006 Indiana Attorney General Reports and Opinions 1 (2006)

handle is hein.sag/sagin0004 and id is 1 raw text is: STATE OF INDIANA OFFICE OF THE ATTORNEY GENERAL INDIANA GOVERNMENT CENTER SOUTH, FIFTH FLOOR 402 WEST WASHINGTON STREET * INDIANAPOLIS, IN 46204-2770 STEVE CARTER TELEPHONE (317) 232-6201 ATTORNEY GENERAL May 16, 2006 OFFICIAL OPINION 2006-1 Honorable Connie Kay Nass Auditor of State Statehouse, Room 240 200 W. Washington Street Indianapolis, Indiana 46204 Re: Ind. Code 4-13-2-14.8 Dear Auditor Nass: You requested guidance concerning several matters related to Ind. Code section 4-13-2- 14.8. which states in part: (a) Notwithstanding any other law, rule, or custom, but subject to subsections (c) and (d), a person who has a contract with the state or submits invoices to the state for payment shall authorize in writing the direct deposit by electronic funds transfer of all payments by the state to the person. The person's written authorization must desianate a financial institution and an account number to which all payments are to be credited. The statute provides for a waiver of the requirement for a person who has no bank account and cannot open one without being charged a fee. The statute also provides for a waiver if the person's bank is unable to accept an electronic deposit. You raised the following questions: (1) If the state is unable to make payment to a vendor because the vendor fails to submit information necessary for direct deposit, is the state liable for late payment penalties or interest? (2) Does section 4-13-2-14.8 require a local governmental unit that requests payment from the state to agree to payment through an electronic funds transfer? S