§ 4-5-1-2 — Preservation of documents; indexing system; copying by micrographic or equivalent technique; standards for copies; copies of rules

(a) The secretary of state shall keep and preserve
the following:
(1) The enrolled copy of the constitution of the state.
(2) The manuscripts containing the enrolled acts and joint
resolutions of the general assembly.
(3) All the official bonds of state officers except the secretary of
state's bond.
(4) All written contracts to which the state is a party, unless
required to be deposited elsewhere.
(5) Any rule or other agency statement that is filed under IC 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 Indiana archives and
records administration for safekeeping, and the administration shall
receive and safely preserve them when transferred. The secretary of
state and the Indiana archives and records administration shall establish
an indexing system so that the secretary of state, an agency, or the
Indiana archives and records administration can comply with a request
under IC 5-14-3 to inspect or copy a transferred document described in
subsection (a)(5), including the full text of a matter incorporated by
reference into a document described in subsection (a)(5). The indexing
system must at least identify transferred documents by the following:
(1) Indiana Administrative Code citation.
(2) Indiana Register document control number or volume and
page 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 Indiana archives and records
administration under subsection (b), when deemed expedient or
necessary for the preservation of the documents, the secretary of state
may copy the documents by any micrographic or equivalent technique,
and the copies shall be stored in a place other than in the state capitol
building or the Indiana state library.
(d) The secretary of state may copy in micrographic or equivalent
form the complete contents of each rule that is filed with the secretary
of state's office under IC 4-22-2 before July 1, 2006. Both the rule and
the full text of matters incorporated by reference into the rule may be
copied.
(e) Copies prepared under subsection (d) must conform with the
following:
(1) The standards developed by the supreme court and the
oversight commission on public records under IC 5-15-5.1-8.
(2) The standards developed in an agreement between the
secretary of state, the publisher of the Indiana Register, the
governor, the attorney general, the Indiana library and historical
department, and the Indiana archives and records administration.
(f) The secretary of state may copy, micrographically or through an
equivalent method, documents under subsection (d):
(1) in the laboratory operated under IC 5-15-5.1-8 by the Indiana
archives and records administration;
(2) with equipment and technology operated by the secretary of
state; or
(3) through a contract for services procured under IC 5-22.
(g) When a document is copied, whether micrographically or
through an equivalent method, under this section, the original
documents shall never be destroyed. However, if the secretary of state
has the capacity to make certifiable copies of the rules described in
subsection (d) using micrographic or other media, the secretary of state
may return to the agency from which any rule originated the full text of
any matter that is incorporated by reference into the rule and copied
micrographically or through an equivalent method.
Formerly: Acts 1852,1RS, c.96, s.2; Acts 1957, c.5, s.1. As
amended 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; P.L.85-2012, SEC.1; P.L.171-2015,
SEC.1.