In the conference committee report to ESB 169, page 4, line
28, delete "P.L.1-2002," and insert "SEA 242-2003, SECTION
1,".
In the conference committee report to ESB 169, page 4, line
29, delete "SECTION 17,".
In the conference committee report to ESB 169, page 4, line
30, delete "UPON PASSAGE]" and insert ""JULY 1, 2003]".
In the conference committee report to ESB169, page 4, line
30, delete "Sec. 4. (a) The following public records are".
In the conference committee report to ESB169, page 4,
delete lines 31 through 51.
In the conference committee report to ESB169, delete pages 5
through 7.
In the conference committee report to ESB169, page 8,
delete lines 1 through 4, and
insert
"Sec. 4. (a) The following
public records are excepted from section 3 of this chapter and may not
be disclosed by a public agency, unless access to the records is
specifically required by a state or federal statute or is ordered by a court
under the rules of discovery:
(1) Those declared confidential by state statute.
(2) Those declared confidential by rule adopted by a public
agency under specific authority to classify public records as
confidential granted to the public agency by statute.
(3) Those required to be kept confidential by federal law.
suspended, demoted, or discharged.
However, all personnel file information shall be made available
to the affected employee or the employee's representative. This
subdivision does not apply to disclosure of personnel information
generally on all employees or for groups of employees without the
request being particularized by employee name.
(9) Minutes or records of hospital medical staff meetings.
(10) Administrative or technical information that would
jeopardize a recordkeeping or security system.
(11) Computer programs, computer codes, computer filing
systems, and other software that are owned by the public agency
or entrusted to it and portions of electronic maps entrusted to a
public agency by a utility.
(12) Records specifically prepared for discussion or developed
during discussion in an executive session under
IC 5-14-1.5-6.1.
However, this subdivision does not apply to that information
required to be available for inspection and copying under
subdivision (8).
(13) The work product of the legislative services agency under
personnel rules approved by the legislative council.
(14) The work product of individual members and the partisan
staffs of the general assembly.
(15) The identity of a donor of a gift made to a public agency if:
(A) the donor requires nondisclosure of the donor's identity as
a condition of making the gift; or
(B) after the gift is made, the donor or a member of the donor's
family requests nondisclosure.
(16) Library or archival records:
(A) which can be used to identify any library patron; or
(B) deposited with or acquired by a library upon a condition
that the records be disclosed only:
(i) to qualified researchers;
(ii) after the passing of a period of years that is specified in
the documents under which the deposit or acquisition is
made; or
(iii) after the death of persons specified at the time of the
acquisition or deposit.
However, nothing in this subdivision shall limit or affect contracts
entered into by the Indiana state library pursuant to
IC 4-1-6-8.
(17) The identity of any person who contacts the bureau of motor
vehicles concerning the ability of a driver to operate a motor
vehicle safely and the medical records and evaluations made by
the bureau of motor vehicles staff or members of the driver
licensing medical advisory board. However, upon written request
to the commissioner of the bureau of motor vehicles, the driver
must be given copies of the driver's medical records and
evaluations that concern the driver.
(18) School safety and security measures, plans, and systems,
including emergency preparedness plans developed under 511
IAC 6.1-2-2.5.
(19) A record or a part of a record, the public disclosure of which
would have a reasonable likelihood of threatening public safety
by exposing a vulnerability to terrorist attack. A record described
under this subdivision includes:
(A) a record assembled, prepared, or maintained to prevent,
mitigate, or respond to an act of terrorism under IC 35-47-12-1
or an act of agricultural terrorism under IC 35-47-12-2;
(B) vulnerability assessments;
(C) risk planning documents;
(D) needs assessments;
(E) threat assessments;
(F) domestic preparedness strategies;
(G) the location of community drinking water wells and
surface water intakes;
(H) the emergency contact information of emergency
responders and volunteers;
(I) infrastructure records that disclose the configuration of
critical systems such as communication, electrical, ventilation,
water, and wastewater systems; and
(J) detailed drawings or specifications of structural elements,
floor plans, and operating, utility, or security systems, whether
in paper or electronic form, of any building or facility located
on an airport (as defined in IC 8-21-1-1) that is owned,
occupied, leased, or maintained by a public agency. A record
described in this clause may not be released for public
inspection without the prior approval of the public agency. The
submitting public agency:
(i) is responsible for determining whether the public
disclosure of a record or a part of a record has a reasonable
likelihood of threatening public safety by exposing a
vulnerability to terrorist attack; and
(ii) must identify a record described under item (i) and
clearly mark the record as "confidential and not subject to
public disclosure under IC 5-14-3-4(19)(I) without approval
of (insert name of submitting public agency)".
This subdivision does not apply to a record or portion of a record
pertaining to a location or structure owned or protected by a
public agency in the event that an act of terrorism under
IC 35-47-12-1 or an act of agricultural terrorism under
IC 35-47-12-2 has occurred at that location or structure, unless
release of the record or portion of the record would have a
reasonable likelihood of threatening public safety by exposing a
vulnerability of other locations or structures to terrorist attack.
(20) The following personal information concerning a customer
of a municipally owned utility (as defined in IC 8-1-2-1):
(A) Telephone number.
(B) Address.
(C) Social Security number.
(c) Nothing contained in subsection (b) shall limit or affect the right
of a person to inspect and copy a public record required or directed to
be made by any statute or by any rule of a public agency.
(d) Notwithstanding any other law, a public record that is classified
as confidential, other than a record concerning an adoption, shall be
made available for inspection and copying seventy-five (75) years after
the creation of that record.
(e) Notwithstanding subsection (d) and section 7 of this chapter:
(1) public records subject to IC 5-15 may be destroyed only in
accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in the
ordinary course of business.
SECTION 4. [EFFECTIVE UPON PASSAGE] (a)
Notwithstanding IC 5-14-3-4(b)(8), subsection (b) applies instead
of IC 5-14-3-4(b)(8)
.
(b) Except as otherwise provided by IC 5-14-3-4(a), the
following public records shall be excepted from IC 5-14-3-3 at the
discretion of a public agency:
(1) Personnel files of public employees and files of applicants
for public employment, except for:
(A) the name, compensation, job title, business address,
business telephone number, job description, education and
training background, previous work experience, or dates
of first and last employment of present or former officers
or employees of the agency;
(B) information relating to the status of any formal charges
against the employee; and
(C) the factual basis for a disciplinary action in which final
action has been taken and that resulted in the employee
being suspended, demoted, or discharged.
However, all personnel file information shall be made
available to the affected employee or the employee's
representative. This subdivision does not apply to disclosure
of personnel information generally on all employees or for
groups of employees without the request being particularized
by employee name.
(c) This SECTION expires July 1, 2003.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 169 as reprinted April 3, 2003, and to the
Conference Committee Report to ESB 169.)