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 and
every deputy, before entering on the officer's or deputy's official
duties, shall take an oath to support the Constitution of the United
States and the Constitution of the State of Indiana, and that the
officer or deputy will faithfully discharge the duties of such office.
(b) A prosecuting attorney and a deputy prosecuting attorney shall
take 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 the
political subdivision performing ministerial functions on behalf of an
officer and is not required to take the oath prescribed by subsection
(a). However, if a chief deputy assumes the duties of an office during
a vacancy under IC 3-13-11-12, the chief deputy must take the oath
required under subsection (a) before entering on the official duties
of 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Repealed
(Repealed by P.L.176-1999, SEC.134.)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 individual
appointed or elected to an office the establishment or qualifications
of which are expressly provided for in the Constitution of the State
of Indiana or the Constitution of the United States.
(b) Subject to subsection (c), an individual appointed or elected
to an office of a political subdivision may take the oath required
under section 1 of this chapter at any time after the individual's
appointment or election.
(c) An individual appointed or elected to an office of a political
subdivision must take the oath required by section 1 of this chapter
and deposit the oath as required by section 4 of this chapter not later
than thirty (30) days after the beginning of the term of office.
(d) If an individual appointed or elected to an office of a political
subdivision does not comply with subsection (c), the office becomes
vacant.
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, except
in the case of a notary public or in those cases specified in section 3
of 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 officer
before whom the oath was taken, who shall also deliver to the person
taking 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 oath
described by section 1 of this chapter before taking their seats. The
oath shall be entered on the journals.
(b) The governor and lieutenant-governor shall each take the oath
described by section 1 of this chapter. The oath shall be entered on
the 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 the
meaning set forth in IC 36-1-2-13.
(b) The copy of the oath under section 2 of this chapter shall be
deposited by the person as follows:
(1) Of all officers whose oath is endorsed on or attached to the
commission and whose duties are not limited to a particular
county or of a justice, judge, or prosecuting attorney, in the
office of the secretary of state.
(2) Of the circuit court clerk, officers of a political subdivision
or school corporation, and constables of a small claims court, in
the circuit court clerk's office of the county containing the
greatest percentage of the population of the political subdivision
or school corporation.
(3) Of a deputy prosecuting attorney, in the office of the clerk
of the circuit court of the county in which the deputy
prosecuting 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 and
recording of bond; copy of oath of office to be recorded with bond
Sec. 5.1. (a) "Political subdivision" as used in this section has the
meaning set forth in IC 36-1-2-13 and excludes any department or
agency of the state.
(b) Every elected or appointed officer, official, deputy, or
employee of a political subdivision who is required by section 18 of
this chapter to file an official bond for the faithful performance of
duty, except the county recorder and deputies and employees of the
recorder, shall file the bond in the office of the county recorder in the
county of residence of the officer, official, deputy, or employee. The
county recorder and deputies and employees of the recorder shall file
their 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 and
referring to the title, office, and page number where recorded. The
bonds shall be kept in a safe and convenient place in the recorder's
office with a reference to the date filed and record and page where
recorded.
(d) Every county officer who is required to give bond shall have
a 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 and
recorded 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 such
certified copies and bonds shall be filed to preserve the same, and, on
demand, give certified copies thereof, or of the record, attested with
his official seal, and for the same he shall receive the same fees
allowed 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 be
approved as follows:
(1) Of county officers required to give bonds, by the clerk of the
circuit court unless otherwise specified in this section.
(2) Of county sheriff, county coroner, county recorder, county
auditor, county treasurer, and clerk of the circuit court, by the
county 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 the
legislative body, by the city executive.
(5) Of members of the board of public works or of the board of
public works and safety in cities, by the city legislative body.
(6) Of clerk-treasurer and marshal of a town, by the town
legislative body.
(7) Of a controller of a solid waste management district
established under IC 13-21 or IC 13-9.5 (before its repeal), by
the board of directors of the solid waste management district.
(b) A person who approves an official bond shall write the
approval 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 the
bond before the commencement of his term of office. If the officer
fails to give the bond before that time, the officer may not take
office.
(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 the
principal and sureties, for the faithful discharge of all duties required
of such officer by any law, then or subsequently in force, for the use
of 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, but
suits may be instituted thereon, from time to time, until the penalty
thereof 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 form
or substance or in the approval and filing thereof, but, upon the
suggestion of such defects, such bond shall be obligatory as if
properly 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 be
executed by the principal and one (1) or more freehold sureties
except as provided by subsection (b).
(b) The official bonds of county surveyors and township trustees
shall be executed by the principal and by two (2) or more freehold
sureties 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 bond
legally certified has the same effect in evidence as the original. Suit
may 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 appropriate
administrative officer of any department or agency of the state may
cover deputies or employees of the department or agency by
individual bonds, or blanket bonds, or a crime insurance policy
endorsed to cover the faithful performance of duties. The
administrative officer shall determine the amount of the insurance
policy, individual bond, or blanket bond obtained under this section.
(b) An individual bond, or blanket bond, or crime insurance policy
endorsed to include faithful performance obtained under this section
shall be filed and paid for in the same manner as public official
bonds.
(c) This section does not apply to officers required by law to
execute and furnish individual official bonds.
(d) The commissioner of insurance shall prescribe the form of the
bonds 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 officers
and employees; blanket bonds and crime policies; amount; review
of amount; form
Sec. 18. (a) Except as provided in subsection (b), the following
city, town, county, or township officers and employees shall file an
individual 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 the
fiscal body of a city, town, or county.
(6) Township assessors (if any).
(b) The fiscal body of a city, town, county, or township may by
ordinance authorize the purchase of a blanket bond or a crime
insurance policy endorsed to include faithful performance to cover
the faithful performance of all employees, commission members, and
persons acting on behalf of the local government unit, including
those officers described in subsection (a).
(c) Except as provided in subsections (h) and (i), the fiscal bodies
of the respective units shall fix the amount of the bond of city
controllers, city clerk-treasurers, town clerk-treasurers, Barrett Law
fund custodians, county treasurers, county sheriffs, circuit court
clerks, township trustees, and conservancy district financial clerks as
follows:
(1) The amount of annual coverage must equal thirty thousand
dollars ($30,000) for each one million dollars ($1,000,000) of
receipts of the officer's office during the last complete fiscal
year before the purchase of the bond, subject to subdivision (2).
(2) The amount of annual coverage may not be less than thirty
thousand dollars ($30,000) nor more than three hundred
thousand 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 not
less than thirty thousand dollars ($30,000), as fixed by the fiscal
body of the county. The amount of annual coverage of the bond of
any other person required to file an individual bond shall be fixed by
the 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 solid
waste 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 waste
management district; and
(2) that is at least thirty thousand dollars ($30,000) in annual
coverage.
(e) Except as provided under subsection (d), a person who is
required to file an individual surety bond by the board of directors of
a solid waste management district established under IC 13-21 or
IC 13-9.5 (before its repeal) shall file a bond in an amount fixed by
the board of directors.
(f) In 1982 and every four (4) years after that, the state examiner
shall review the bond amounts fixed under this section and report in
an electronic format under IC 5-14-6 to the general assembly whether
changes are necessary to ensure adequate and economical coverage.
(g) The commissioner of insurance shall prescribe the form of the
bonds or crime policies required by this section, in consultation with
the commission on public records under IC 5-15-5.1-6.
(h) Notwithstanding subsection (c), the state board of accounts
may fix the amount of the bond for a city controller, city
clerk-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 exceeds
thirty thousand dollars ($30,000) for each one million dollars
($1,000,000) of receipts of the officer's office during the last
complete fiscal year before the purchase of the bond. However, the
bond amount may not exceed three hundred thousand dollars
($300,000). An increased bond amount may be established under this
subsection only if the state examiner issues a report under
IC 5-11-5-1 that includes a finding that the officer engaged in
malfeasance, misfeasance, or nonfeasance that resulted in the
misappropriation of, diversion of, or inability to account for public
funds.
(i) Notwithstanding subsection (c), the state board of accounts
may fix the amount of the bond for any person who is not described
in subsection (h) and is required to file an individual bond at an
amount that exceeds fifteen thousand dollars ($15,000). An increased
bond amount may be established under this subsection only if the
state examiner issues a report under IC 5-11-5-1 that includes a
finding that the person engaged in malfeasance, misfeasance, or
nonfeasance that resulted in the misappropriation of, diversion of, or
inability to account for public funds.
(j) Notwithstanding subsection (d), the state board of accounts
may fix the amount of the bond for a controller of a solid waste
management district established under IC 13-21 or IC 13-9.5 (before
its repeal) at an amount that exceeds thirty thousand dollars
($30,000). An increased bond amount may be established under this
subsection only if the state examiner issues a report under
IC 5-11-5-1 that includes a finding that the controller engaged in
malfeasance, misfeasance, or nonfeasance that resulted in the
misappropriation of, diversion of, or inability to account for public
funds.
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 officers
and employees; faithful performance of duties
Sec. 19. The bonds prescribed by IC 5-4-1-18 cover the faithful
performance of the duties of the officer or employee, including the
duty to comply with IC 35-44-1-2 and the duty to account properly
for all monies and property received by virtue of his position or
employment.
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 attorney
shall execute an individual surety bond for the faithful performance
of the duties of the office. The amount of the bond must be at least
eight thousand five hundred dollars ($8,500).
(b) A person elected to the office of prosecuting attorney may not
take office until that person has filed a bond:
(1) in the office of the county recorder of the county in which
the 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 multiple
county judicial circuits, the cost shall be paid by each county in the
judicial 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 brought
on the bond until the penalty is exhausted.
(f) If a bond has been legally certified, any of the following have
the 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 elected
prosecuting attorney resides shall record the bond in an official bond
register.
As added by P.L.49-1989, SEC.6. Amended by P.L.98-2004, SEC.58.