CHAPTER 1. SECRETARY OF STATE
IC 4-5
ARTICLE 5. SECRETARY OF STATE
IC 4-5-1
Chapter 1. Secretary of State
IC 4-5-1-1
Commencement of term; bond
Sec. 1. (a) The individual elected as secretary of state shall takeoffice on January 1 following the individual's election.
(b) The secretary of state, before entering upon the duties ofoffice, shall execute an official bond with freehold or corporatesecurity. Freehold surety must be approved by the governor.
(Formerly: Acts 1852,1RS, c.96, s.1.) As amended by Acts 1978,P.L.12, SEC.1; P.L.8-1995, SEC.67.
IC 4-5-1-2
Preservation of documents; indexing system; micrographic copies;copies of rules
Sec. 2. (a) The secretary of state shall keep and preserve thefollowing:
(1) The enrolled copy of the Constitution of the state.
(2) The manuscripts containing the enrolled acts and jointresolutions of the general assembly.
(3) All the official bonds of state officers except the secretaryof state's bond.
(4) All written contracts to which the state is a party, unlessrequired to be deposited elsewhere.
(5) Any rule or other agency statement that is filed underIC 4-22-2 before July 1, 2006.
(b) All documents described in subsection (a)(1), (a)(2) or (a)(5)may be transferred by the secretary of state to the commission onpublic records for safekeeping, and the commission shall receive andsafely preserve them when transferred. The secretary of state and thecommission on public records shall establish an indexing system sothat the secretary of state, an agency, or the commission on publicrecords can comply with a request under IC 5-14-3 to inspect or copya transferred document described in subsection (a)(5), including thefull text of a matter incorporated by reference into a documentdescribed in subsection (a)(5). The indexing system must at leastidentify transferred documents by the following:
(1) Indiana Administrative Code citation.
(2) Indiana Register document control number or volume andpage number.
(3) Year of adoption.
(4) General subject matter.
(c) Regardless of whether a document described in subsection(a)(1) or (a)(2) is transferred to the commission on public recordsunder subsection (b), when deemed expedient or necessary for thepreservation of the documents, the secretary of state may copy the
documents by any micrographic technique, and the micrographiccopies shall be stored in a place other than in the state capitolbuilding or the Indiana state library.
(d) The secretary of state may copy in micrographic form thecomplete contents of each rule that is filed with the secretary ofstate's office under IC 4-22-2 before July 1, 2006. Both the rule andthe full text of matters incorporated by reference into the rule may becopied.
(e) Micrographic copies prepared under subsection (d) mustconform with the following:
(1) The standards developed by the supreme court and theoversight commission on public records under IC 5-15-5.1-8.
(2) The standards developed in an agreement between thesecretary of state, the publisher of the Indiana Register, thegovernor, the attorney general, the Indiana library and historicaldepartment, and the commission on public records.
(f) The secretary of state may micrographically copy documentsunder subsection (d):
(1) in the micrographic laboratory operated by the commissionon public records under IC 5-15-5.1-8;
(2) with equipment and technology operated by the secretary ofstate; or
(3) through a contract for services procured under IC 5-22.
(g) When a document is micrographically copied under thissection, the original documents shall never be destroyed even ifmicrofilmed. However, if the secretary of state has the capacity tomake certifiable copies from a micrographic media prepared undersubsection (d), the secretary of state may return to its originatingagency the full text of any matter that is incorporated by referenceinto a rule and micrographically copied.
(Formerly: Acts 1852,1RS, c.96, s.2; Acts 1957, c.5, s.1.) Asamended by Acts 1978, P.L.12, SEC.2; Acts 1979, P.L.40, SEC.6;P.L.31-1985, SEC.39; P.L.11-1996, SEC.1; P.L.49-1997, SEC.3;P.L.123-2006, SEC.1.
IC 4-5-1-3
Copies of records and documents; evidence; official acts andproceedings of governor; inspection of records
Sec. 3. (a) If certified and sealed by the secretary of state with thestate seal, any copy (including a copy that has been reproduced froma micrographic copy prepared under section 2 of this chapter) of anyrecords, laws, acts, official bonds, registers, rules, or papers that arerequired by law to be kept in the office of the secretary of state shall,in all cases, be evidence equally and in like manner as the originals.
(b) The secretary of state shall attest all the official acts andproceedings of the governor and affix the seal of state, with suchattestation, to all commissions, pardons, and other public instrumentsto which the signature of the governor is required.
(c) The secretary of state shall permit all the books, bonds,conveyances, registers, papers, accounts, and transactions of his
office to be open at all times to the inspection and examination ofany committee of either branch of the general assembly.
(d) The secretary of state shall furnish information in writing uponany subject relating to the duties of his office to the governor,whenever required.
(Formerly: Acts 1852, 1RS, c.96, s.3.) As amended by Acts 1978,P.L.12, SEC.3; P.L.31-1985, SEC.40.
IC 4-5-1-4
Certified copies of documents
Sec. 4. He shall furnish, on demand, to any person, a dulycertified copy of all or any part of any law, act, record, publicregister, public document, or other instrument of writing on file, ordeposited, pursuant to law, to be kept, in his office, and of which acopy may be properly given.
(Formerly: Acts 1852, 1RS, c.96, s.4.)
IC 4-5-1-5
Repealed
(Repealed by Acts 1971, P.L.20, SEC.7.)
IC 4-5-1-6
Repealed
(Repealed by Acts 1978, P.L.12, SEC.9.)
IC 4-5-1-7
Repealed
(Repealed by Acts 1978, P.L.12, SEC.9.)
IC 4-5-1-8
Repealed
(Repealed by Acts 1978, P.L.12, SEC.9.)
IC 4-5-1-9
Deputy
Sec. 9. The secretary may appoint a deputy, who may perform theduties of the office of secretary.
(Formerly: Acts 1852, 1RS, c.96, s.10.) As amended by Acts 1978,P.L.12, SEC.4.
IC 4-5-1-10
Repealed
(Repealed by P.L.176-1999, SEC.133 and P.L.202-1999, SEC.27.)
IC 4-5-1-11
Secretary of state adoption of rules to enforce motor vehicle dealerlaws
Sec. 11. The secretary of state may adopt and enforce rules underIC 4-22-2 that are necessary to carry out:
(1) IC 9-18-26; (2) IC 9-22-4;
(3) IC 9-23-1;
(4) IC 9-23-2;
(5) IC 9-23-3; and
(6) IC 9-23-6.
As added by P.L.184-2007, SEC.1. Amended by P.L.106-2008,SEC.2.