January 11, 2001, read first time and referred to Committee on Local Government.
First Regular Session 112th General Assembly (2001)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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additions will appear in this style type
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2000 General Assembly.
HOUSE BILL No. 1503
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-14-3-8; (01)IN1503.1.1. -->
, AS AMENDED BY P.L.151-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 8. (a) For the purposes of this section, "state
agency" has the meaning set forth in
(b) Except as provided in this section, a public agency may not
charge any fee under this chapter:
(1) to inspect a public record; or
(2) to search for, examine, or review a record to determine
whether the record may be disclosed.
(c) The Indiana department of administration shall establish a
uniform copying fee for the copying of one (1) page of a standard-sized
document by state agencies. The fee may not exceed the average cost
of copying records by state agencies or ten cents ($0.10) per page,
whichever is greater. A state agency may not collect more than the
uniform copying fee for providing a copy of a public record. However,
a state agency shall establish and collect a reasonable fee for copying
(d) This subsection applies to a public agency that is not a state
agency. The fiscal body (as defined in
) of the public
agency, or the governing body, if there is no fiscal body, shall establish
a fee schedule for the certification, copying, or facsimile machine
transmission of documents. The fee may not exceed the actual cost of
certifying, copying, or facsimile transmission of the document by the
agency and the fee must be uniform throughout the public agency and
uniform to all purchasers. As used in this subsection, "actual cost"
means the cost of paper and the per-page cost for use of copying or
facsimile equipment and does not include labor costs or overhead costs.
(1) a person is entitled to a copy of a public record under this
(2) the public agency which is in possession of the record has
reasonable access to a machine capable of reproducing the public
the public agency must provide at least one (1) copy of the public
record to the person. However, if a public agency does not have
reasonable access to a machine capable of reproducing the record or if
the person cannot reproduce the record by use of enhanced access
under section 3.5 of this chapter, the person is only entitled to inspect
and manually transcribe the record. A public agency may require that
the payment for copying costs be made in advance.
(f) Notwithstanding subsection (b), (c), (d), (g), (h), or (i), a public
agency shall collect any certification, copying, facsimile machine
transmission, or search fee that is specified by statute or is ordered by
(g) Except as provided by subsection (h), for providing a duplicate
of a computer tape, computer disc, microfilm, or similar or analogous
record system containing information owned by the public agency or
entrusted to it, a public agency may charge a fee, uniform to all
purchasers, that does not exceed the sum of the following:
(1) The agency's direct cost of supplying the information in that
(2) The standard cost for selling the same information to the
public in the form of a publication if the agency has published the
information and made the publication available for sale.
(3) In the case of the legislative services agency, a reasonable
percentage of the agency's direct cost of maintaining the system
in which the information is stored. However, the amount charged
by the legislative services agency under this subdivision may not
exceed the sum of the amounts it may charge under subdivisions
(1) and (2).
(h) This subsection applies to the fee charged by a public agency for
providing enhanced access to a public record. A public agency may
charge any reasonable fee agreed on in the contract under section 3.5
of this chapter for providing enhanced access to public records.
(i) This subsection applies to the fee charged by a public agency for
permitting a governmental entity to inspect public records by means of
an electronic device. A public agency may charge any reasonable fee
for the inspection of public records under this subsection or the public
agency may waive any fee for the inspection.
Except as provided in subsection (k), A public agency may
charge a fee, uniform to all purchasers, for providing an electronic map
that is based upon a reasonable percentage of the agency's direct cost
of maintaining, upgrading, and enhancing the electronic map and for
the direct cost of supplying the electronic map in the form requested by
the purchaser. If the public agency is within a political subdivision
having a fiscal body, the fee is subject to the approval of the fiscal body
of the political subdivision.
(k) The fee charged by a public agency under subsection (j) to cover
costs for maintaining, upgrading, and enhancing an electronic map
shall be waived by the public agency if the electronic map for which
the fee is charged will be used for a noncommercial purpose, including
(1) Public agency program support.
(2) Nonprofit activities.
(4) Academic research.