CHAPTER 1. FILING, RECORDING, AND TERMS OF BONDS AND OATHS
IC 5-4
ARTICLE 4. OFFICERS' BONDS AND OATHS
IC 5-4-1
Chapter 1. Filing, Recording, and Terms of Bonds and Oaths
IC 5-4-1-1
Oaths; officers and deputies; prosecuting attorneys and deputies
Sec. 1. (a) Except as provided in subsection (c), every officer andevery deputy, before entering on the officer's or deputy's officialduties, shall take an oath to support the Constitution of the UnitedStates and the Constitution of the State of Indiana, and that theofficer or deputy will faithfully discharge the duties of such office.
(b) A prosecuting attorney and a deputy prosecuting attorney shalltake the oath required under subsection (a) before taking office.
(c) This subsection applies to a deputy of a political subdivision.An individual appointed as a deputy is considered an employee of thepolitical subdivision performing ministerial functions on behalf of anofficer and is not required to take the oath prescribed by subsection(a). However, if a chief deputy assumes the duties of an office duringa vacancy under IC 3-13-11-12, the chief deputy must take the oathrequired under subsection (a) before entering on the official dutiesof the office.
(Formerly: Acts 1852, 1RS, c.13, s.1.) As amended by P.L.49-1989,SEC.2; P.L.176-1999, SEC.119.
IC 5-4-1-1.1
Repealed
(Repealed by P.L.176-1999, SEC.134.)
IC 5-4-1-1.2
Failure of officer of political subdivision to take and deposit oath
Sec. 1.2. (a) This section does not apply to an individualappointed or elected to an office the establishment or qualificationsof which are expressly provided for in the Constitution of the Stateof Indiana or the Constitution of the United States.
(b) Subject to subsection (c), an individual appointed or electedto an office of a political subdivision may take the oath requiredunder section 1 of this chapter at any time after the individual'sappointment or election.
(c) An individual appointed or elected to an office of a politicalsubdivision must take the oath required by section 1 of this chapterand deposit the oath as required by section 4 of this chapter not laterthan thirty (30) days after the beginning of the term of office.
(d) If an individual appointed or elected to an office of a politicalsubdivision does not comply with subsection (c), the office becomesvacant.
As added by Acts 1980, P.L.8, SEC.28. Amended by P.L.176-1999,SEC.120; P.L.26-2000, SEC.32.
IC 5-4-1-2
Endorsement
Sec. 2. (a) The oath required by section 1 of this chapter, exceptin the case of a notary public or in those cases specified in section 3of this chapter, shall be endorsed on or attached to the:
(1) commission;
(2) certificate if a certificate was issued under IC 3-10-7-34,IC 3-12-4, or IC 3-12-5; or
(3) certificate of appointment pro tempore under IC 3-13-11-11;
signed by the person taking the oath, and certified to by the officerbefore whom the oath was taken, who shall also deliver to the persontaking the oath a copy of the oath.
(b) A copy of the oath of office of a prosecuting attorney shall be:
(1) recorded on the bond required by section 20 of this chapter;or
(2) attached to the commission of the prosecuting attorney.
(Formerly: Acts 1852, 1RS, c.13, s.2.) As amended by Acts 1978,P.L.23, SEC.1; P.L.49-1989, SEC.3; P.L.10-1992, SEC.26;P.L.3-1993, SEC.240; P.L.3-1997, SEC.416; P.L.176-1999,SEC.121.
IC 5-4-1-3
Legislators; governor and lieutenant governor
Sec. 3. (a) Members of the general assembly shall take the oathdescribed by section 1 of this chapter before taking their seats. Theoath shall be entered on the journals.
(b) The governor and lieutenant-governor shall each take the oathdescribed by section 1 of this chapter. The oath shall be entered onthe journals of each chamber of the general assembly.
(Formerly: Acts 1852, 1RS, c.13, s.3.) As amended by P.L.221-2005,SEC.141.
IC 5-4-1-4
Copy of oath; deposit
Sec. 4. (a) As used in this section, "political subdivision" has themeaning set forth in IC 36-1-2-13.
(b) The copy of the oath under section 2 of this chapter shall bedeposited by the person as follows:
(1) Of all officers whose oath is endorsed on or attached to thecommission and whose duties are not limited to a particularcounty or of a justice, judge, or prosecuting attorney, in theoffice of the secretary of state.
(2) Of the circuit court clerk, officers of a political subdivisionor school corporation, and constables of a small claims court, inthe circuit court clerk's office of the county containing thegreatest percentage of the population of the political subdivisionor school corporation.
(3) Of a deputy prosecuting attorney, in the office of the clerkof the circuit court of the county in which the deputyprosecuting attorney resides or serves.(Formerly: Acts 1852, 1RS, c.13, s.4.) As amended by Acts 1980,P.L.8, SEC.29; Acts 1980, P.L.24, SEC.2; P.L.8-1987, SEC.7;P.L.49-1989, SEC.4; P.L.32-1992, SEC.1; P.L.3-1995, SEC.141;P.L.3-1997, SEC.417; P.L.176-1999, SEC.122; P.L.254-1999,SEC.5; P.L.14-2000, SEC.14.
IC 5-4-1-5
Repealed
(Repealed by Acts 1980, P.L.8, SEC.38.)
IC 5-4-1-5.1
Officers and employees of political subdivisions; filing andrecording of bond; copy of oath of office to be recorded with bond
Sec. 5.1. (a) "Political subdivision" as used in this section has themeaning set forth in IC 36-1-2-13 and excludes any department oragency of the state.
(b) Every elected or appointed officer, official, deputy, oremployee of a political subdivision who is required by section 18 ofthis chapter to file an official bond for the faithful performance ofduty, except the county recorder and deputies and employees of therecorder, shall file the bond in the office of the county recorder in thecounty of residence of the officer, official, deputy, or employee. Thecounty recorder and deputies and employees of the recorder shall filetheir bonds in the office of the clerk of the circuit court.
(c) The bonds described in subsection (b) shall be filed within ten(10) days of their issuance or, if approval is required, within ten (10)days after their approval by the person required to approve the bonds.The recorder shall record all of the bonds filed under this section,indexing them alphabetically under the name of the principal andreferring to the title, office, and page number where recorded. Thebonds shall be kept in a safe and convenient place in the recorder'soffice with a reference to the date filed and record and page whererecorded.
(d) Every county officer who is required to give bond shall havea copy of the oath of office recorded with the bond.
As added by Acts 1980, P.L.8, SEC.30. Amended by Acts 1981,P.L.47, SEC.1; P.L.3-1997, SEC.418.
IC 5-4-1-6
Secretary of state; filing official bond
Sec. 6. The official bond of the secretary of state shall be filed andrecorded in the recorder's office of Marion County.
(Formerly: Acts 1852, 1RS, c.13, s.6.) As amended by Acts 1980,P.L.8, SEC.31.
IC 5-4-1-7
Preservation of certified copy; fees
Sec. 7. It shall be the duty of every officer with whom suchcertified copies and bonds shall be filed to preserve the same, and, ondemand, give certified copies thereof, or of the record, attested with
his official seal, and for the same he shall receive the same feesallowed by law for certified copies in other cases.
(Formerly: Acts 1852, 1RS, c.13, s.7.)
IC 5-4-1-8
Approval of bonds
Sec. 8. (a) The official bonds of officers, if sufficient, shall beapproved as follows:
(1) Of county officers required to give bonds, by the clerk of thecircuit court unless otherwise specified in this section.
(2) Of county sheriff, county coroner, county recorder, countyauditor, county treasurer, and clerk of the circuit court, by thecounty executive.
(3) Of county assessor, township trustee, and township assessor(if any), by the county auditor.
(4) Of city officers, except the executive and members of thelegislative body, by the city executive.
(5) Of members of the board of public works or of the board ofpublic works and safety in cities, by the city legislative body.
(6) Of clerk-treasurer and marshal of a town, by the townlegislative body.
(7) Of a controller of a solid waste management districtestablished under IC 13-21 or IC 13-9.5 (before its repeal), bythe board of directors of the solid waste management district.
(b) A person who approves an official bond shall write theapproval on the bond.
(c) A bond must be approved before it is filed.
(Formerly: Acts 1852, 1RS, c.13, s.8.) As amended by Acts 1980,P.L.8, SEC.32; Acts 1981, P.L.47, SEC.2; P.L.8-1989, SEC.17;P.L.33-1992, SEC.1; P.L.1-1996, SEC.35; P.L.146-2008, SEC.33.
IC 5-4-1-9
Time limitation for bond; failure to comply
Sec. 9. An officer required to give an official bond shall give thebond before the commencement of his term of office. If the officerfails to give the bond before that time, the officer may not takeoffice.
(Formerly: Acts 1852, 1RS, c.13, s.9.) As amended by Acts 1980,P.L.8, SEC.33; Acts 1980, P.L.24, SEC.3.
IC 5-4-1-10
Bonds payable to state
Sec. 10. All official bonds shall be payable to the state of Indiana;and every such bond shall be obligatory to such state, upon theprincipal and sureties, for the faithful discharge of all duties requiredof such officer by any law, then or subsequently in force, for the useof any person injured by any breach of the condition thereof.
(Formerly: Acts 1852, 1RS, c.13, s.10.)
IC 5-4-1-11
First recovery; exhaustion of penalty
Sec. 11. No official bond shall be void on a first recovery, butsuits may be instituted thereon, from time to time, until the penaltythereof is exhausted.
(Formerly: Acts 1852, 1RS, c.13, s.11.)
IC 5-4-1-12
Defects in form and substance
Sec. 12. No official bond shall be void because of defects in formor substance or in the approval and filing thereof, but, upon thesuggestion of such defects, such bond shall be obligatory as ifproperly executed, filed and approved.
(Formerly: Acts 1852, 1RS, c.13, s.12.)
IC 5-4-1-13
Execution
Sec. 13. (a) All official bonds required by statute shall beexecuted by the principal and one (1) or more freehold suretiesexcept as provided by subsection (b).
(b) The official bonds of county surveyors and township trusteesshall be executed by the principal and by two (2) or more freeholdsureties or an authorized surety company.
(Formerly: Acts 1852, 1RS, c.13, s.13.) As amended by Acts 1980,P.L.8, SEC.34.
IC 5-4-1-14
Copies as evidence
Sec. 14. A copy, a record, or a copy of a record of an official bondlegally certified has the same effect in evidence as the original. Suitmay be brought on a copy of an official bond as on the original.
(Formerly: Acts 1852, 1RS, c.13, s.14.) As amended by Acts 1980,P.L.8, SEC.35.
IC 5-4-1-15
Repealed
(Repealed by Acts 1981, P.L.47, SEC.26.)
IC 5-4-1-15.1
Deputies or employees; bonds and insurance policies
Sec. 15.1. (a) Whenever it is necessary, the appropriateadministrative officer of any department or agency of the state maycover deputies or employees of the department or agency byindividual bonds, or blanket bonds, or a crime insurance policyendorsed to cover the faithful performance of duties. Theadministrative officer shall determine the amount of the insurancepolicy, individual bond, or blanket bond obtained under this section.
(b) An individual bond, or blanket bond, or crime insurance policyendorsed to include faithful performance obtained under this sectionshall be filed and paid for in the same manner as public official
bonds.
(c) This section does not apply to officers required by law toexecute and furnish individual official bonds.
(d) The commissioner of insurance shall prescribe the form of thebonds or crime policies required by this section.
As added by Acts 1982, P.L.33, SEC.3. Amended by P.L.49-1995,SEC.3.
IC 5-4-1-16
Repealed
(Repealed by Acts 1981, P.L.47, SEC.26.)
IC 5-4-1-17
Repealed
(Repealed by Acts 1981, P.L.47, SEC.26.)
IC 5-4-1-18
Individual surety bonds for city, town, county, or township officersand employees; blanket bonds and crime policies; amount; reviewof amount; form
Sec. 18. (a) Except as provided in subsection (b), the followingcity, town, county, or township officers and employees shall file anindividual surety bond:
(1) City judges, controllers, clerks, and clerk-treasurers.
(2) Town judges and clerk-treasurers.
(3) Auditors, treasurers, recorders, surveyors, sheriffs, coroners,assessors, and clerks.
(4) Township trustees.
(5) Those employees directed to file an individual bond by thefiscal body of a city, town, or county.
(6) Township assessors (if any).
(b) The fiscal body of a city, town, county, or township may byordinance authorize the purchase of a blanket bond or a crimeinsurance policy endorsed to include faithful performance to coverthe faithful performance of all employees, commission members, andpersons acting on behalf of the local government unit, includingthose officers described in subsection (a).
(c) Except as provided in subsections (h) and (i), the fiscal bodiesof the respective units shall fix the amount of the bond of citycontrollers, city clerk-treasurers, town clerk-treasurers, Barrett Lawfund custodians, county treasurers, county sheriffs, circuit courtclerks, township trustees, and conservancy district financial clerks asfollows:
(1) The amount of annual coverage must equal thirty thousanddollars ($30,000) for each one million dollars ($1,000,000) ofreceipts of the officer's office during the last complete fiscalyear before the purchase of the bond, subject to subdivision (2).
(2) The amount of annual coverage may not be less than thirtythousand dollars ($30,000) nor more than three hundredthousand dollars ($300,000) unless the fiscal body approves a
greater amount of annual coverage for the officer or employee.
County auditors shall file bonds that provide annual coverage of notless than thirty thousand dollars ($30,000), as fixed by the fiscalbody of the county. The amount of annual coverage of the bond ofany other person required to file an individual bond shall be fixed bythe fiscal body of the unit at not less than fifteen thousand dollars($15,000).
(d) Except as provided in subsection (j), a controller of a solidwaste management district established under IC 13-21 or IC 13-9.5(before its repeal) shall file an individual surety bond in an amount:
(1) fixed by the board of directors of the solid wastemanagement district; and
(2) that is at least thirty thousand dollars ($30,000) in annualcoverage.
(e) Except as provided under subsection (d), a person who isrequired to file an individual surety bond by the board of directors ofa solid waste management district established under IC 13-21 orIC 13-9.5 (before its repeal) shall file a bond in an amount fixed bythe board of directors.
(f) In 1982 and every four (4) years after that, the state examinershall review the bond amounts fixed under this section and report inan electronic format under IC 5-14-6 to the general assembly whetherchanges are necessary to ensure adequate and economical coverage.
(g) The commissioner of insurance shall prescribe the form of thebonds or crime policies required by this section, in consultation withthe commission on public records under IC 5-15-5.1-6.
(h) Notwithstanding subsection (c), the state board of accountsmay fix the amount of the bond for a city controller, cityclerk-treasurer, town clerk-treasurer, Barrett Law fund custodian,county treasurer, county sheriff, circuit court clerk, township trustee,or conservancy district financial clerk at an amount that exceedsthirty thousand dollars ($30,000) for each one million dollars($1,000,000) of receipts of the officer's office during the lastcomplete fiscal year before the purchase of the bond. However, thebond amount may not exceed three hundred thousand dollars($300,000). An increased bond amount may be established under thissubsection only if the state examiner issues a report underIC 5-11-5-1 that includes a finding that the officer engaged inmalfeasance, misfeasance, or nonfeasance that resulted in themisappropriation of, diversion of, or inability to account for publicfunds.
(i) Notwithstanding subsection (c), the state board of accountsmay fix the amount of the bond for any person who is not describedin subsection (h) and is required to file an individual bond at anamount that exceeds fifteen thousand dollars ($15,000). An increasedbond amount may be established under this subsection only if thestate examiner issues a report under IC 5-11-5-1 that includes afinding that the person engaged in malfeasance, misfeasance, ornonfeasance that resulted in the misappropriation of, diversion of, orinability to account for public funds. (j) Notwithstanding subsection (d), the state board of accountsmay fix the amount of the bond for a controller of a solid wastemanagement district established under IC 13-21 or IC 13-9.5 (beforeits repeal) at an amount that exceeds thirty thousand dollars($30,000). An increased bond amount may be established under thissubsection only if the state examiner issues a report underIC 5-11-5-1 that includes a finding that the controller engaged inmalfeasance, misfeasance, or nonfeasance that resulted in themisappropriation of, diversion of, or inability to account for publicfunds.
As added by Acts 1981, P.L.47, SEC.3. Amended by P.L.54-1989,SEC.1; P.L.49-1989, SEC.5; P.L.33-1992, SEC.2; P.L.49-1995,SEC.4; P.L.1-1996, SEC.36; P.L.28-2004, SEC.56; P.L.146-2008,SEC.34; P.L.176-2009, SEC.1.
IC 5-4-1-19
Individual surety bonds for city, town, county, or township officersand employees; faithful performance of duties
Sec. 19. The bonds prescribed by IC 5-4-1-18 cover the faithfulperformance of the duties of the officer or employee, including theduty to comply with IC 35-44-1-2 and the duty to account properlyfor all monies and property received by virtue of his position oremployment.
As added by Acts 1981, P.L.47, SEC.4.
IC 5-4-1-20
Individual surety bonds for prosecuting attorneys
Sec. 20. (a) A person elected to the office of prosecuting attorneyshall execute an individual surety bond for the faithful performanceof the duties of the office. The amount of the bond must be at leasteight thousand five hundred dollars ($8,500).
(b) A person elected to the office of prosecuting attorney may nottake office until that person has filed a bond:
(1) in the office of the county recorder of the county in whichthe person resides; and
(2) within ten (10) days after the bond is issued.
(c) The cost of a bond shall be paid by the county. For multiplecounty judicial circuits, the cost shall be paid by each county in thejudicial circuit in the manner provided by IC 33-38-5-3.
(d) A bond must be:
(1) executed by the person elected prosecuting attorney and one(1) or more freehold sureties; and
(2) payable to the state as provided in section 10 of this chapter.
(e) A bond is not void on first recovery, and suits may be broughton the bond until the penalty is exhausted.
(f) If a bond has been legally certified, any of the following havethe same effect in evidence as the bond:
(1) A copy of the bond.
(2) A record of the bond.
(3) A copy of a record of the bond. (g) The county recorder of the county in which the person electedprosecuting attorney resides shall record the bond in an official bondregister.
As added by P.L.49-1989, SEC.6. Amended by P.L.98-2004, SEC.58.