Citations Affected: IC 5-14-3; IC 9-13-2; IC 9-26; IC 34-30-2-31.5.
Synopsis: Public records involving children. Provides that the address
and telephone number of a minor in a law enforcement record, an
investigatory record, a daily log, or a record of arrest or summons may
not be disclosed. Provides that a minor's address and telephone number
contained in a motor vehicle accident report are confidential and may
be released only to certain persons. Makes disclosure of this
information a Class A misdemeanor. Provides that a person who
obtains or attempts to obtain this information when the person knows
that the person is not entitled to receive the information commits a
Class A misdemeanor. Provides that the state police department may
not disclose a minor's address and telephone number contained in an
accident report of the department.
Effective: July 1, 2006.
January 9, 2006, read first time and referred to Committee on Governmental Affairs and
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
6(c) of this chapter.
(d) "Electronic map" means copyrighted data provided by a public agency from an electronic geographic information system.
(e) "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.
(f) "Facsimile machine" means a machine that electronically transmits exact images through connection with a telephone network.
(g) "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.
(h) "Investigatory record" means information compiled in the course of the investigation of a crime.
(i) "Minor" means a person who is less than eighteen (18) years of age.
(i) (j) "Patient" has the meaning set out in IC 16-18-2-272(d).
(j) (k) "Person" means an individual, a corporation, a limited
liability company, a partnership, an unincorporated association, or a
(k) (l) "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.
(l) (m) "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.
(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 agents 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 established by IC 4-30-3-1, 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 financial resources communicated by the Indiana
economic development corporation, the Indiana development
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 Indiana economic development corporation 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) 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.
(9) Minutes or records of hospital medical staff meetings.
(10) Administrative or technical information that would jeopardize a record keeping 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 regarding the ability of a driver to operate a motor vehicle safely. 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:
(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(b)(19)(J) 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.
(C) Social Security number.
(21) The following personal information about a complainant contained in records of a law enforcement agency:
(A) Telephone number.
(B) The complainant's address. However, if the complainant's address is the location of the suspected crime, infraction, accident, or complaint reported, the address shall be made available for public inspection and copying.
(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.
meaning set forth in IC 9-26-4.5-2.
accident that is forwarded or submitted to the state police
(1) IC 9-26-1-1(4);
(2) IC 9-26-1-2(3);
(3) IC 9-26-1-5;
(4) IC 9-26-1-6(a);
(5) IC 9-26-1-6(b); or
(6) IC 9-26-2-2.
Sec. 2. As used in this chapter, "insurer" means:
(1) an insurer;
(2) a self-insured entity; or
(3) an agent, an employee, or a contractor of a person described in subdivision (1) or (2).
Sec. 3. As used in this chapter, "minor" means a person who is less than eighteen (18) years of age.
Sec. 4. Except as provided in section 5 of this chapter, the:
(1) address; and
(2) telephone number;
of a minor contained in an accident report are confidential and may not be disclosed.
Sec. 5. (a) The information described in section 4 may be disclosed to the following:
(1) A party involved in the motor vehicle accident or an owner of property that was damaged during the motor vehicle accident.
(2) A legal representative of a person described in subdivision (1).
(3) An insurer.
(4) A prosecutorial agency.
(5) A state or federal agency authorized by another statute to:
(A) receive a copy of; or
the accident report.
(b) If a state agency receives an accident report under subsection (a)(5), the agency may disclose the information in the accident report described in section 4 of this chapter only in accordance with subsection (a).
Sec. 6. The state police department or any state agency that receives a copy of the report under section 5(a)(5) of this chapter shall require a person who requests an accident report under section 5 of this chapter to present proper credentials identifying the person as a person authorized to receive the information
described in section 4 of this chapter before the accident report is
released to the person.
Sec. 7. (a) A public employee, a public official, or an employee or officer of a contractor or subcontractor of a public agency, except as provided by IC 4-15-10, who knowingly or intentionally discloses information described in section 4 of this chapter in violation of this chapter commits a Class A misdemeanor.
(b) A public employee may be disciplined in accordance with the personnel policies of the agency by which the employee is employed if the employee intentionally, knowingly, or recklessly discloses or fails to protect the information described in section 4 of this chapter in violation of this chapter.
Sec. 8. A public employee, a public official, or an employee or officer of a contractor or subcontractor of a public agency who:
(1) unintentionally and unknowingly discloses the confidential information described in section 4 of this chapter in violation of this chapter in response to a request for an accident report under this chapter; or
(2) discloses confidential information described in section 4 of this chapter in violation of this chapter in reliance on an advisory opinion by the public access counselor;
is immune from civil and criminal liability for the disclosure.
Sec. 9. A person who, knowing that the person is not entitled to information in an accident report classified as confidential under this chapter, obtains or attempts to obtain the information in the accident report commits a Class A misdemeanor.