Sec. 5. (a) Except as provided in subsection (f), not more than fourteen (14) days (including Saturdays, Sundays, and legal holidays) after the last day the governor must take action on enrolled acts passed during any session of the general assembly, the legislative services agency shall distribute to the clerk of the circuit court of each county one (1) copy of each enrolled act of that session which became law.

     (b) A copy of the enrolled acts distributed under subsection (a) or (f) may be in:

Terms Used In Indiana Code 2-6-1.5-5

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • electronic format: means a format created, generated, sent, communicated, received, or stored by means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Indiana Code 2-6-1.5-0.3
  • session: has the meaning set forth in Ind. See Indiana Code 2-6-1.5-0.7
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(1) a paper format; or

(2) an electronic format.

     (c) A distribution under this section shall be delivered by:

(1) certified mail that includes return receipt; or

(2) any other means of delivery, including delivery in an electronic format that provides for verification or acknowledgment of receipt;

to each of the clerks of the counties of the state, and shall fulfill the publication and circulation requirements of Art. 4, Sec. 28 of the Constitution of the State of Indiana.

     (d) Each clerk of the circuit court, upon delivery to the circuit court clerk of a copy of the enrolled acts under this section, shall send a certificate to the governor showing the name of the county or counties served by the circuit court clerk, the signature of the circuit court clerk, and the date of receipt of the enrolled acts. The certificate shall be prepared in the format specified by the governor and returned to the governor in the manner specified by the governor. The governor may require the certificate to be returned by:

(1) first class mail under the seal of the office; or

(2) any other means of delivery, including delivery in an electronic format that provides for authentication by electronic signature (as defined in Ind. Code § 26-2-8-102).

If the governor requires return of certificates in an electronic format, a circuit court clerk shall electronically send a copy of the certificate in the same manner and at the same time to the executive director of the legislative services agency. However, failure to do so does not invalidate the certification.

     (e) Except as provided in subsection (g), as soon as certificates from all the counties have been received, the governor shall certify the date at which the latest filing took place and publish the certification in the Indiana Register. All courts shall take notice of the facts contained in the certification.

     (f) This subsection applies only in calendar year 2021. The legislative services agency shall make the following two (2) distributions to the clerk of the circuit court of each county:

(1) Not more than fourteen (14) days (including Saturdays, Sundays, and legal holidays) after the last day the governor must take action on the enrolled acts passed during the session of the general assembly, one (1) copy of each enrolled act of the session which became law as provided in Article 5, Section 14 of the Constitution of the State of Indiana before May 21, 2021.

(2) Not more than fourteen (14) days (including Saturdays, Sundays, and legal holidays) after the last day the governor must take action on the enrolled acts passed during the session of the general assembly, one (1) copy of each enrolled act of the session which became law as provided in Article 5, Section 14 of the Constitution of the State of Indiana after May 20, 2021, and before December 7, 2021.

This subsection expires February 1, 2022.

     (g) This subsection applies only in calendar year 2021. For each distribution under subsection (f)(1) and (f)(2), as soon as certificates from all the counties have been received, the governor shall certify the date at which the latest filing took place and publish the certification in the Indiana Register. All courts shall take notice of the facts contained in each certification. This subsection expires February 1, 2022.

Formerly: Acts 1973, P.L.4, SEC.2. As amended by Acts 1978, P.L.3, SEC.3; P.L.8-1997, SEC.2; P.L.2-2001, SEC.1; P.L.269-2017, SEC.2; P.L.72-2018, SEC.8; P.L.133-2021, SEC.7.