Sec. 2. (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.