Introduced Version
HOUSE BILL No. 1522
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-33; IC 5-10; IC 5-14-3; IC 35-47-4.5-3.
Synopsis: Gaming agents. Prohibits the Indiana gaming commission
from contracting with the state police department for the performance
of background investigations and certain duties required during
riverboat gambling operations. Requires the Indiana gaming
commission to employ its own enforcement officers and auditors. Vests
gaming enforcement officers with certain police powers. Provides that
gaming enforcement officers are members of the state excise police and
conservation officers' retirement plan. Makes other conforming
changes. Specifies that information concerning an investigation
conducted by the gaming enforcement officers may not be disclosed
unless access is specifically required by statute or a court order.
Effective: July 1, 2005.
Alderman
January 18, 2005, read first time and referred to Committee on Public Policy and Veterans
Affairs.
Introduced
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW 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.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2004 Regular Session of the General Assembly.
HOUSE BILL No. 1522
A BILL FOR AN ACT to amend the Indiana Code concerning
gaming.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-33-2-11.6; (05)IN1522.1.1. -->
SECTION 1. IC 4-33-2-11.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 11.6. "Law enforcement agency" means any of the
following:
(1) The gaming enforcement officers of the Indiana gaming
commission.
(2) The state police department.
(3) The conservation officers of the department of natural
resources.
(4) The state excise police of the alcohol and tobacco
commission.
SOURCE: IC 4-33-4-3; (05)IN1522.1.2. -->
SECTION 2. IC 4-33-4-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 3. (a) The commission shall do the
following:
(1) Adopt rules that the commission determines necessary to
protect or enhance the following:
(A) The credibility and integrity of gambling operations
authorized by this article.
(B) The regulatory process provided in this article.
(2) Conduct all hearings concerning civil violations of this article.
(3) Provide for the establishment and collection of license fees
and taxes imposed under this article.
(4) Deposit the license fees and taxes in the state gaming fund
established by IC 4-33-13.
(5) Levy and collect penalties for noncriminal violations of this
article.
(6) Deposit the penalties in the state gaming fund established by
IC 4-33-13.
(7) Be present through the commission's inspectors and agents
enforcement officers during the time gambling operations are
conducted on a riverboat to do the following:
(A) Certify the revenue received by a riverboat.
(B) Receive complaints from the public.
(C) Conduct other investigations into the conduct of the
gambling games and the maintenance of the equipment that
the commission considers necessary and proper.
(8) Adopt emergency rules under IC 4-22-2-37.1 if the
commission determines that:
(A) the need for a rule is so immediate and substantial that
rulemaking procedures under IC 4-22-2-13 through
IC 4-22-2-36 are inadequate to address the need; and
(B) an emergency rule is likely to address the need.
(9) Adopt rules to establish and implement a voluntary exclusion
program that meets the requirements of subsection (c).
(b) The commission shall begin rulemaking procedures under
IC 4-22-2-13 through IC 4-22-2-36 to adopt an emergency rule adopted
under subsection (a)(8) not later than thirty (30) days after the adoption
of the emergency rule under subsection (a)(8).
(c) Rules adopted under subsection (a)(9) must provide the
following:
(1) Except as provided by rule of the commission, a person who
participates in the voluntary exclusion program agrees to refrain
from entering a riverboat or other facility under the jurisdiction of
the commission.
(2) That the name of a person participating in the program will be
included on a list of persons excluded from all facilities under the
jurisdiction of the commission.
(3) Except as provided by rule of the commission, a person who
participates in the voluntary exclusion program may not petition
the commission for readmittance to a facility under the
jurisdiction of the commission.
(4) That the list of patrons entering the voluntary exclusion
program and the personal information of the participants are
confidential and may only be disseminated by the commission to
the owner or operator of a facility under the jurisdiction of the
commission for purposes of enforcement and to other entities,
upon request by the participant and agreement by the commission.
(5) That an owner of a facility under the jurisdiction of the
commission shall make all reasonable attempts as determined by
the commission to cease all direct marketing efforts to a person
participating in the program.
(6) That an owner of a facility under the jurisdiction of the
commission may not cash the check of a person participating in
the program or extend credit to the person in any manner.
However, the voluntary exclusion program does not preclude an
owner from seeking the payment of a debt accrued by a person
before entering the program.
SOURCE: IC 4-33-4-3.5; (05)IN1522.1.3. -->
SECTION 3. IC 4-33-4-3.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3.5.
(a) The
commission
may shall employ
or contract for inspectors and agents
required under section 3(7) enforcement officers and auditors to
perform the duties imposed by section 3(a)(7) of this chapter. The
licensed owners and operating agents shall, in the manner prescribed
by the rules of the commission, reimburse the commission for:
(1) the training expenses incurred to train enforcement
officers;
(2) the salaries and other expenses of staff required to support
the enforcement officers and auditors described in subdivision
(3); and
(3) the salaries and other expenses of the
inspectors and agents
enforcement officers and auditors required to be present during
the time gambling operations are conducted on a riverboat.
(b) Beginning January 1, 2007, the commission may not contract
with the state police department to perform the duties imposed by
section 3(a)(7) of this chapter.
(c) An auditor employed under this section must be an
accounting professional (as defined in IC 23-1.5-1-2).
(d) The number of auditors employed under this section is
subject to the discretion of the executive director.
(e) Beginning January 1, 2007, the number of enforcement
officers and auditors employed under this section may not be less
than the number of state police officers assigned to perform the
commission's duties under section 3(a)(7) of this chapter on
December 31, 2006.
SOURCE: IC 4-33-4-18; (05)IN1522.1.4. -->
SECTION 4. IC 4-33-4-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 18. (a) Before January
1, 2007, the state police department shall assist the commission in
conducting background investigations of applicants. The commission
may forward all fingerprints required to be submitted by license
applicants under IC 4-33 to the Federal Bureau of Investigation or any
other agency for the purpose of screening applicants. The commission
shall reimburse the state police department for the costs incurred by the
state police department as a result of the assistance. The commission
shall make the payment from fees collected from applicants.
(b) After December 31, 2006, the commission through its
enforcement officers shall conduct background investigations of
applicants. Costs incurred conducting the investigations must be
paid from fees collected from applicants.
SOURCE: IC 4-33-4.5; (05)IN1522.1.5. -->
SECTION 5. IC 4-33-4.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]:
Chapter 4.5. Gaming Commission Enforcement Officers
Sec. 1. (a) The commission shall employ qualified individuals to
serve as enforcement officers of the commission. In employing
enforcement officers, the commission shall use its best efforts to
ensure that not more than one-half (1/2) of the number of
enforcement officers are members of the same political party. The
commission shall issue to each enforcement officer a certificate of
employment under the seal of the commission. The courts of
Indiana shall take judicial notice of a certificate of employment
issued under this section.
(b) If the commission employs an individual who was an Indiana
state police officer just prior to being employed by the commission,
the compensation paid to the individual by the commission may not
be less than the compensation the individual was receiving as an
Indiana state police officer.
Sec. 2. (a) An enforcement officer is vested with full police
powers and duties to enforce the provisions of this title.
(b) An enforcement officer may issue a summons for infraction
or misdemeanor violations if the defendant promises to appear by
signing the summons. A defendant who signs a summons issued
under this subsection but fails to appear is subject to the penalties
provided by IC 35-44-3-6.5. Upon the defendant's failure to appear,
the court shall issue a warrant for the arrest of the defendant.
(c) In addition to the powers and duties vested under subsection
(a), an enforcement officer may act as an officer for the arrest of
offenders who violate the laws of Indiana if the enforcement officer
reasonably believes that a crime has been, is being, or is about to
be committed or attempted in the enforcement officer's presence.
Sec. 3. Each enforcement officer shall execute a surety bond in
the amount of one thousand dollars ($1,000), with surety approved
by the commission, and an oath of office, both of which must be
filed with the executive director.
Sec. 4. (a) The injury to, injury to the health of, or death of an
enforcement officer is compensable under the appropriate
provisions of IC 22-3-2 through IC 22-3-7 if the injury, injury to
the health, or death arises out of and in the course of the
performance of the officer's duties as an enforcement officer.
(b) For purposes of subsection (a) and IC 22-3-2 through
IC 22-3-7, an enforcement officer is conclusively presumed to have
accepted the compensation provisions included in the parts of the
Indiana Code referred to in this subsection.
Sec. 5. An eligible enforcement officer who retires with at least
twenty (20) years of service as an enforcement officer:
(1) may retain the officer's service weapon;
(2) may receive, in recognition of the officer's service to the
commission and to the public, a badge that indicates that the
officer is retired; and
(3) shall be issued by the commission an identification card
stating the officer's name and rank, signifying that the officer
is retired, and noting the officer's authority to retain the
service weapon.
Sec. 6. (a) The commission shall categorize salaries of
enforcement officers within each rank based upon the rank held
and the number of years of service in a law enforcement agency
through the tenth year. The salary ranges that the commission
assigns to each rank must be divided into a base salary and ten (10)
increments above the base salary with:
(1) the base salary in the rank paid to a person with less than
one (1) year of service in a law enforcement agency; and
(2) the highest salary in the rank paid to a person with at least
ten (10) years of service in a law enforcement agency.
(b) For purposes of creating the salary matrix prescribed by this
section, the commission may not approve salary ranges for any
rank that are less than the salary ranges effective for state police
officers serving on riverboats as of January 1, 2005.
(c) The salary matrix prescribed by this section shall be
reviewed and approved by the budget agency before
implementation.
SOURCE: IC 5-10-1.5-1; (05)IN1522.1.6. -->
SECTION 6. IC 5-10-1.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. Each retirement plan
for employees of the state or of a political subdivision shall report
annually on September 1 to the public employees' retirement fund the
information from the preceding fiscal year necessary for the actuary of
the fund to perform an actuarial valuation of each plan. Where the
director and actuary of the fund consider it appropriate, the actuary may
combine one (1) retirement plan with another or with the public
employees' retirement fund for the purposes of the actuarial valuation.
The retirement plans covered by this chapter are the following:
(1) The state excise police,
gaming enforcement, and
conservation enforcement officers' retirement plan established
under IC 5-10-5.5.
(2) The "trust fund" and "pension trust" of the state police
department established under IC 10-12-2.
(3) Each of the police pension funds established or covered under
IC 19-1-18, IC 19-1-30, IC 19-1-25-4, or IC 36-8.
(4) Each of the firemen's pension funds established or covered
under IC 19-1-37, IC 18-1-12, IC 19-1-44, or IC 36-8.
(5) Each of the retirement funds for utility employees authorized
under IC 19-3-22 or IC 36-9 or established under IC 19-3-31.
(6) Each county police force pension trust and trust fund
authorized under IC 17-3-14 or IC 36-8.
(7) The Indiana judges' retirement fund established under
IC 33-38-6.
(8) Each retirement program adopted by a board of a local health
department as authorized under IC 16-1-4-25 (before its repeal)
or IC 16-20-1-3.
(9) Each retirement benefit program of a joint city-county health
department under IC 16-1-7-16 (before its repeal).
(10) Each pension and retirement plan adopted by the board of
trustees or governing body of a county hospital as authorized
under IC 16-12.1-3-8 (before its repeal) or IC 16-22-3-11.
(11) Each pension or retirement plan and program for hospital
personnel in certain city hospitals as authorized under
IC 16-12.2-5 (before its repeal) or IC 16-23-1.
(12) Each retirement program of the health and hospital
corporation of a county as authorized under IC 16-12-21-27
(before its repeal) or IC 16-22-8-34.
(13) Each pension plan provided by a city, town, or county
housing authority as authorized under IC 36-7.
(14) Each pension and retirement program adopted by a public
transportation corporation as authorized under IC 36-9.
(15) Each system of pensions and retirement benefits of a regional
transportation authority as authorized or required by IC 36-9.
(16) Each employee pension plan adopted by the board of an
airport authority under IC 8-22-3.
(17) The pension benefit paid for the national guard by the state
as established under IC 10-16-7.
(18) The pension fund allowed employees of the Wabash Valley
interstate commission as authorized under IC 13-5-1-3.
(19) Each system of pensions and retirement provided by a unit
under IC 36-1-3.
SOURCE: IC 5-10-1.7-1; (05)IN1522.1.7. -->
SECTION 7. IC 5-10-1.7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) The retirement
plans covered by this chapter are:
(1) The state excise police, gaming enforcement, and
conservation officers' retirement plan, established under
IC 5-10-5.5.
(2) The public employees' retirement fund, established under
IC 5-10.3-2.
(3) The trust fund and pension trust of the department of state
police, established under IC 10-12-2.
(4) The Indiana state teachers' retirement fund, established under
IC 21-6.1-2.
(5) The Indiana judges' retirement fund, established under
IC 33-38-6.
(6) The police officers' and firefighters' pension and disability
fund established under IC 36-8-8-4.
(b) As used in this chapter:
"Board" means the board of trustees of a retirement plan covered by
this chapter.
SOURCE: IC 5-10-5.5-1; (05)IN1522.1.8. -->
SECTION 8. IC 5-10-5.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. As used in this
chapter and unless the context clearly denotes otherwise:
(a) "Department" means the Indiana department of natural
resources.
(b) "Commission" means the alcohol and tobacco commission.
(c) "Officer" means any Indiana state excise police officer,
or any
Indiana state conservation enforcement officer,
or any Indiana
gaming enforcement officer.
(d) "Participant" means any officer who has elected to participate in
the retirement plan created by this chapter.
(e) "Salary" means the total compensation, exclusive of expense
allowances, paid to any officer by the department or the commission,
determined without regard to any salary reduction agreement
established under Section 125 of the Internal Revenue Code.
(f) "Average annual salary" means the average annual salary of an
officer during the five (5) years of highest annual salary in the ten (10)
years immediately preceding an officer's retirement date, determined
without regard to any salary reduction agreement established under
Section 125 of the Internal Revenue Code.
(g) "Public employees' retirement act" means IC 5-10.3.
(h) "Public employees' retirement fund" means the public
employees' retirement fund created by IC 5-10.3-2.
(i) "Interest" means the same rate of interest as is specified under the
public employees' retirement law.
(j) "Americans with Disabilities Act" refers to the Americans with
Disabilities Act (42 U.S.C. 12101 et seq.) and any amendments and
regulations related to the Act.
(k) Other words and phrases when used in this chapter shall, for the
purposes of this chapter, have the meanings respectively ascribed to
them as set forth in IC 5-10.3-1.
SOURCE: IC 5-10-5.5-2; (05)IN1522.1.9. -->
SECTION 9. IC 5-10-5.5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. There is hereby
created a state excise police, gaming enforcement, and conservation
enforcement officers' retirement plan to establish a means of providing
special retirement, disability and survivor benefits to employees of the
department, the Indiana gaming commission, and the alcohol and
tobacco commission who are engaged exclusively in the performance
of law enforcement duties.
SOURCE: IC 5-10-5.5-2.5; (05)IN1522.1.10. -->
SECTION 10. IC 5-10-5.5-2.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2.5. (a) As used in this
chapter, "Internal Revenue Code":
(1) means the Internal Revenue Code of 1954, as in effect on
September 1, 1974, if permitted with respect to governmental
plans; or
(2) to the extent not inconsistent with subdivision (1), has the
meaning set forth in IC 6-3-1-11.
(b) The state excise police,
gaming enforcement, and conservation
officers' retirement plan shall satisfy the qualification requirements in
Section 401 of the Internal Revenue Code, as applicable to the
retirement plan. In order to meet those requirements, the retirement
plan is subject to the following provisions, notwithstanding any other
provision of this chapter:
(1) The board shall distribute the corpus and income of the
retirement plan to participants and their beneficiaries in
accordance with this chapter.
(2) No part of the corpus or income of the retirement plan may be
used or diverted to any purpose other than the exclusive benefit
of the participants and their beneficiaries.
(3) Forfeitures arising from severance of employment, death, or
for any other reason may not be applied to increase the benefits
any participant would otherwise receive under this chapter.
(4) If the retirement plan is terminated, or if all contributions to
the retirement plan are completely discontinued, the rights of each
affected participant to the benefits accrued at the date of the
termination or discontinuance, to the extent then funded, are
nonforfeitable.
(5) All benefits paid from the retirement plan shall be distributed
in accordance with the requirements of Section 401(a)(9) of the
Internal Revenue Code and the regulations under that section. In
order to meet those requirements, the retirement plan is subject to
the following provisions:
(A) The life expectancy of a participant, the participant's
spouse, or the participant's beneficiary shall not be
recalculated after the initial determination, for purposes of
determining benefits.
(B) If a participant dies before the distribution of the
participant's benefits has begun, distributions to beneficiaries
must begin no later than December 31 of the calendar year
immediately following the calendar year in which the
participant died.
(C) The amount of an annuity paid to a participant's
beneficiary may not exceed the maximum determined under
the incidental death benefit requirement of the Internal
Revenue Code.
(6) The board may not:
(A) determine eligibility for benefits;
(B) compute rates of contribution; or
(C) compute benefits of participants or beneficiaries;
in a manner that discriminates in favor of participants who are
considered officers, supervisors, or highly compensated, as
prohibited under Section 401(a)(4) of the Internal Revenue Code.
(7) Benefits paid under this chapter may not exceed the maximum
benefit specified by Section 415 of the Internal Revenue Code.
(8) The salary taken into account under this chapter may not
exceed the applicable amount under Section 401(a)(17) of the
Internal Revenue Code.
(9) The board may not engage in a transaction prohibited by
Section 503(b) of the Internal Revenue Code.
SOURCE: IC 5-10-5.5-3.5; (05)IN1522.1.11. -->
SECTION 11. IC 5-10-5.5-3.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3.5. The state excise
police, gaming enforcement, and conservation enforcement officers'
retirement plan shall be administered in a manner that is consistent
with the Americans with Disabilities Act, to the extent required by the
Act.
SOURCE: IC 5-10-8-6; (05)IN1522.1.12. -->
SECTION 12. IC 5-10-8-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) The state police
department, conservation officers of the department of natural
resources, gaming enforcement officers of the Indiana gaming
commission, and the state excise police may establish common and
unified plans of self-insurance for their employees, including retired
employees, as separate entities of state government. These plans may
be administered by a private agency, business firm, limited liability
company, or corporation.
(b) The state agencies listed in subsection (a) may not pay as the
employer portion of benefits for any employee or retiree an amount
greater than that paid for other state employees for group insurance.
SOURCE: IC 5-10-10-4; (05)IN1522.1.13. -->
SECTION 13. IC 5-10-10-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. As used in this
chapter, "public safety officer" means any of the following:
(1) A state police officer.
(2) A county sheriff.
(3) A county police officer.
(4) A correctional officer.
(5) An excise police officer.
(6) A county police reserve officer.
(7) A city police reserve officer.
(8) A conservation enforcement officer.
(9) A town marshal.
(10) A deputy town marshal.
(11) A probation officer.
(12) A state university police officer appointed under
IC 20-12-3.5.
(13) An emergency medical services provider (as defined in
IC 16-41-10-1) who is:
(A) employed by a political subdivision (as defined in
IC 36-1-2-13); and
(B) not eligible for a special death benefit under IC 36-8-6-20,
IC 36-8-7-26, IC 36-8-7.5-22, or IC 36-8-8-20.
(14) A firefighter who is employed by the fire department of a
state university.
(15) A gaming enforcement officer of the Indiana gaming
commission.
SOURCE: IC 5-14-3-2; (05)IN1522.1.14. -->
SECTION 14. IC 5-14-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. As used in this
chapter:
"Copy" includes transcribing by handwriting, photocopying,
xerography, duplicating machine, duplicating electronically stored data
onto a disk, tape, drum, or any other medium of electronic data storage,
and reproducing by any other means.
"Direct cost" means one hundred five percent (105%) of the sum of
the cost of:
(1) the initial development of a program, if any;
(2) the labor required to retrieve electronically stored data; and
(3) any medium used for electronic output;
for providing a duplicate of electronically stored data onto a disk, tape,
drum, or other medium of electronic data retrieval under section 8(g)
of this chapter, or for reprogramming a computer system under section
6(c) of this chapter.
"Electronic map" means copyrighted data provided by a public
agency from an electronic geographic information system.
"Enhanced access" means the inspection of a public record by a
person other than a governmental entity and that:
(1) is by means of an electronic device other than an electronic
device provided by a public agency in the office of the public
agency; or
(2) requires the compilation or creation of a list or report that does
not result in the permanent electronic storage of the information.
"Facsimile machine" means a machine that electronically transmits
exact images through connection with a telephone network.
"Inspect" includes the right to do the following:
(1) Manually transcribe and make notes, abstracts, or memoranda.
(2) In the case of tape recordings or other aural public records, to
listen and manually transcribe or duplicate, or make notes,
abstracts, or other memoranda from them.
(3) In the case of public records available:
(A) by enhanced access under section 3.5 of this chapter; or
(B) to a governmental entity under section 3(c)(2) of this
chapter;
to examine and copy the public records by use of an electronic
device.
(4) In the case of electronically stored data, to manually transcribe
and make notes, abstracts, or memoranda or to duplicate the data
onto a disk, tape, drum, or any other medium of electronic
storage.
"Investigatory record" means information compiled in the course of
the investigation of a crime.
"Patient" has the meaning set out in IC 16-18-2-272(d).
"Person" means an individual, a corporation, a limited liability
company, a partnership, an unincorporated association, or a
governmental entity.
"Provider" has the meaning set out in IC 16-18-2-295(a) and
includes employees of the state department of health or local boards of
health who create patient records at the request of another provider or
who are social workers and create records concerning the family
background of children who may need assistance.
"Public agency" means the following:
(1) Any board, commission, department, division, bureau,
committee, agency, office, instrumentality, or authority, by
whatever name designated, exercising any part of the executive,
administrative, judicial, or legislative power of the state.
(2) Any:
(A) county, township, school corporation, city, or town, or any
board, commission, department, division, bureau, committee,
office, instrumentality, or authority of any county, township,
school corporation, city, or town;
(B) political subdivision (as defined by IC 36-1-2-13); or
(C) other entity, or any office thereof, by whatever name
designated, exercising in a limited geographical area the
executive, administrative, judicial, or legislative power of the
state or a delegated local governmental power.
(3) Any entity or office that is subject to:
(A) budget review by either the department of local
government finance or the governing body of a county, city,
town, township, or school corporation; or
(B) an audit by the state board of accounts.
(4) Any building corporation of a political subdivision that issues
bonds for the purpose of constructing public facilities.
(5) Any advisory commission, committee, or body created by
statute, ordinance, or executive order to advise the governing
body of a public agency, except medical staffs or the committees
of any such staff.
(6) Any law enforcement agency, which means an agency or a
department of any level of government that engages in the
investigation, apprehension, arrest, or prosecution of alleged
criminal offenders, such as the state police department, the police
or sheriff's department of a political subdivision, prosecuting
attorneys, members of the excise police division of the alcohol
and tobacco commission, conservation officers of the department
of natural resources, gaming enforcement officers of the
Indiana gaming commission, and the security division of the
state lottery commission.
(7) Any license branch staffed by employees of the bureau of
motor vehicles commission under IC 9-16.
(8) The state lottery commission, including any department,
division, or office of the commission.
(9) The Indiana gaming commission established under IC 4-33,
including any department, division, or office of the commission.
(10) The Indiana horse racing commission established by IC 4-31,
including any department, division, or office of the commission.
"Public record" means any writing, paper, report, study, map,
photograph, book, card, tape recording, or other material that is
created, received, retained, maintained, or filed by or with a public
agency and which is generated on paper, paper substitutes,
photographic media, chemically based media, magnetic or machine
readable media, electronically stored data, or any other material,
regardless of form or characteristics.
"Standard-sized documents" includes all documents that can be
mechanically reproduced (without mechanical reduction) on paper
sized eight and one-half (8 1/2) inches by eleven (11) inches or eight
and one-half (8 1/2) inches by fourteen (14) inches.
"Trade secret" has the meaning set forth in IC 24-2-3-2.
"Work product of an attorney" means information compiled by an
attorney in reasonable anticipation of litigation and includes the
attorney's:
(1) notes and statements taken during interviews of prospective
witnesses; and
(2) legal research or records, correspondence, reports, or
memoranda to the extent that each contains the attorney's
opinions, theories, or conclusions.
This definition does not restrict the application of any exception under
section 4 of this chapter.
SOURCE: IC 5-14-3-4; (05)IN1522.1.15. -->
SECTION 15. IC 5-14-3-4, AS AMENDED BY P.L.173-2003,
SECTION 5, AND AS AMENDED BY P.L.200-2003, SECTION 3, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: 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.
(4) Records containing trade secrets.
(5) Confidential financial information obtained, upon request,
from a person. However, this does not include information that is
filed with or received by a public agency pursuant to state statute.
(6) Information concerning research, including actual research
documents, conducted under the auspices of an institution of
higher education, including information:
(A) concerning any negotiations made with respect to the
research; and
(B) received from another party involved in the research.
(7) Grade transcripts and license examination scores obtained as
part of a licensure process.
(8) Those declared confidential by or under rules adopted by the
supreme court of Indiana.
(9) Patient medical records and charts created by a provider,
unless the patient gives written consent under IC 16-39.
(10) Application information declared confidential by the
twenty-first century research and technology fund board under
IC 4-4-5.1.
(11) A photograph, a video recording, or an audio recording of an
autopsy, except as provided in IC 36-2-14-10.
(12) Information concerning an investigation conducted under
IC 4-33 by the gaming enforcement officers of the Indiana
gaming commission.
(b) Except as otherwise provided by subsection (a), the following
public records shall be excepted from section 3 of this chapter at the
discretion of a public agency:
(1) Investigatory records of law enforcement agencies. However,
certain law enforcement records must be made available for
inspection and copying as provided in section 5 of this chapter.
(2) The work product of an attorney representing, pursuant to
state employment or an appointment by a public agency:
(A) a public agency;
(B) the state; or
(C) an individual.
(3) Test questions, scoring keys, and other examination data used
in administering a licensing examination, examination for
employment, or academic examination before the examination is
given or if it is to be given again.
(4)
Scores of tests if the person is identified by name and has not
consented to the release of the person's scores.
(5)
The following:
(A) Records relating to negotiations between the department
of commerce, the Indiana development finance authority, the
film commission, the Indiana business modernization and
technology corporation, or economic development
commissions with industrial, research, or commercial
prospects, if the records are created while negotiations are in
progress.
(B) Notwithstanding clause (A), the terms of the final offer of
public financial resources communicated by the department of
commerce, the Indiana development finance authority, the
Indiana film commission, the Indiana business modernization
and technology corporation, or economic development
commissions to an industrial, a research, or a commercial
prospect shall be available for inspection and copying under
section 3 of this chapter after negotiations with that prospect
have terminated.
(C) When disclosing a final offer under clause (B), the
department of commerce shall certify that the information
being disclosed accurately and completely represents the terms
of the final offer.
(6) Records that are intra-agency or interagency advisory or
deliberative material, including material developed by a private
contractor under a contract with a public agency, that are
expressions of opinion or are of a speculative nature, and that are
communicated for the purpose of decision making.
(7) Diaries, journals, or other personal notes serving as the
functional equivalent of a diary or journal.
(8) 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)
information concerning the factual basis for a disciplinary
actions action in which final action has been taken and that
resulted in the employee being
disciplined 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. committee. 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 by any public agency without the prior approval of
the public agency that owns, occupies, leases, or maintains the
airport. The public agency that owns, occupies, leases, or
maintains the airport: 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) IC 5-14-3-4
without approval of (insert name of submitting public
agency that owns, occupies, leases, or maintains the
airport)".
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.
SOURCE: IC 35-47-4.5-3; (05)IN1522.1.16. -->
SECTION 16. IC 35-47-4.5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. As used in this
chapter, "public safety officer" means:
(1) a state police officer;
(2) a county sheriff;
(3) a county police officer;
(4) a correctional officer;
(5) an excise police officer;
(6) a county police reserve officer;
(7) a city police officer;
(8) a city police reserve officer;
(9) a conservation enforcement officer;
(10)
a gaming enforcement officer;
(11) a town marshal;
(11) (12) a deputy town marshal;
(12) (13) a state university police officer appointed under
IC 20-12-3.5;
(13) (14) a probation officer;
(14) (15) a firefighter (as defined in IC 9-18-34-1);
(15) (16) an emergency medical technician; or
(16) (17) a paramedic.