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, employee, or contractor 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 with the fiscal officer of the political subdivision and in the office of the county recorder in the county of office or employment of the officer, official, deputy, employee, or contractor. The county recorder and deputies and employees of the recorder shall file their bonds with the county auditor and 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.
(e) The fiscal officer of a political subdivision with whom an official bond is filed under subsection (b) shall file a copy of the bond with the state board of accounts:
(1) contemporaneously with the filing of the political subdivision's annual financial report required under IC 5-11-1-4(a); and
(2) electronically in the manner prescribed under IC 5-14-3.8-7.
(f) The state board of accounts shall maintain a data base of bonds received under this section and make the data base available to the public on the state board of accounts Internet web site. To the extent practicable, the data base must include a list that specifies:
(1) every individual who is required by section 18 of this chapter to file; and
(2) whether each individual specified under subdivision (1) has obtained and filed;
an official bond for the faithful performance of duty.
[Pre-Local Government Recodification Citations: 5-4-1-5 part; 5-4-1-6 part; 17-2-36-2; 17-3-40-1 part; 18-2-1-4.2 part; 19-10-2-1; 19-10-2-2; 19-10-2-3.]
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; P.L.230-2015, SEC.1; P.L.188-2016, SEC.2.
Structure Indiana Code
Title 5. State and Local Administration
Article 4. Officers' Bonds and Oaths
Chapter 1. Filing, Recording, and Terms of Bonds and Oaths
5-4-1-1. Oaths; Officers and Deputies; Prosecuting Attorneys and Deputies
5-4-1-3. Legislators; Governor and Lieutenant Governor
5-4-1-4. Copy of Oath; Deposit
5-4-1-5.1. Political Subdivision Officer, Employee, and Contractor Bond Filing; Data Base
5-4-1-6. Secretary of State; Filing Official Bond
5-4-1-7. Preservation of Certified Copy; Fees
5-4-1-9. Time Limitation for Bond; Failure to Comply
5-4-1-10. Bonds Payable to State
5-4-1-11. First Recovery; Exhaustion of Penalty
5-4-1-12. Defects in Form and Substance
5-4-1-15.1. Deputies or Employees; Bonds and Insurance Policies
5-4-1-20. Crime Insurance Policies and Individual Surety Bonds for Prosecuting Attorneys