Introduced Version






HOUSE BILL No. 1304

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 5-14-3.

Synopsis: Electronic access to public records. Provides that a public agency may: (1) deny access to an individual to inspect or copy a public record on the premises of the public agency; (2) refuse to provide copies of a public record on paper, disk, drum or other electronic media; or (3) refuse to deliver a record electronically by electronic mail or by fax; if the public record may be retrieved electronically through a web site maintained or sponsored by the public agency. Provides that a public agency may not deny access or refuse to provide copies if the records may not be retrieved electronically due to a malfunction of the public agency's web site. Requires a person making a request for records to attest, subject to penalties for perjury, that the person tried to access the public records through the public agency's web site, but was unable to retrieve the public record due to a malfunction of the web site.

Effective: July 1, 2011.





Friend, Karickhoff




    January 13, 2011, read first time and referred to Committee on Government and Regulatory Reform.







Introduced

First Regular Session 117th General Assembly (2011)


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 2010 Regular Session of the General Assembly.

HOUSE BILL No. 1304



    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 5-14-3-3; (11)IN1304.1.1. -->     SECTION 1. IC 5-14-3-3, AS AMENDED BY P.L.2-2007, SECTION 100, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) Any person may inspect and copy the public records of any public agency during the regular business hours of the agency, except as provided in section 4 of this chapter. A request for inspection or copying must:
        (1) identify with reasonable particularity the record being requested; and
        (2) be, at the discretion of the agency, in writing on or in a form provided by the agency.
No request may be denied because the person making the request refuses to state the purpose of the request, unless such condition is required by other applicable statute. If a public record is accessible through a web site sponsored or maintained by the public agency as set forth in section 3.2 of this chapter, the person must attest on a form provided by the public agency, subject to penalties for perjury, that the person tried to access the public record through

the web site, but was unable to retrieve the public record due to a malfunction of the web site.
    (b) A public agency may not deny or interfere with the exercise of the right stated in subsection (a). The public agency shall either:
        (1) provide the requested copies to the person making the request; or
        (2) allow the person to make copies:
            (A) on the agency's equipment; or
            (B) on the person's own equipment.
    (c) Notwithstanding subsections (a) and (b), a public agency may or may not do the following:
        (1) In accordance with a contract described in section 3.5 of this chapter, permit a person to inspect and copy through the use of enhanced access public records containing information owned by or entrusted to the public agency.
        (2) Permit a governmental entity to use an electronic device to inspect and copy public records containing information owned by or entrusted to the public agency.
    (d) Except as provided in subsection (e), a public agency that maintains or contracts for the maintenance of public records in an electronic data storage system shall make reasonable efforts to provide to a person making a request a copy of all disclosable data contained in the records on paper, disk, tape, drum, or any other method of electronic retrieval if the medium requested is compatible with the agency's data storage system. This subsection does not apply to an electronic map.
    (e) A state agency may adopt a rule under IC 4-22-2, and a political subdivision may enact an ordinance, prescribing the conditions under which a person who receives information on disk or tape under subsection (d) may or may not use the information for commercial purposes, including to sell, advertise, or solicit the purchase of merchandise, goods, or services, or sell, loan, give away, or otherwise deliver the information obtained by the request to any other person for these purposes. Use of information received under subsection (d) in connection with the preparation or publication of news, for nonprofit activities, or for academic research is not prohibited. A person who uses information in a manner contrary to a rule or ordinance adopted under this subsection may be prohibited by the state agency or political subdivision from obtaining a copy or any further data under subsection (d).
    (f) Notwithstanding the other provisions of this section, a public agency is not required to create or provide copies of lists of names and

addresses (including electronic mail account addresses) unless the public agency is required to publish such lists and disseminate them to the public under a statute. However, if a public agency has created a list of names and addresses (excluding electronic mail account addresses), it must permit a person to inspect and make memoranda abstracts from the list unless access to the list is prohibited by law. The lists of names and addresses (including electronic mail account addresses) described in subdivisions (1) through (3) may not be disclosed by public agencies to any individual or entity for political purposes and may not be used by any individual or entity for political purposes. In addition, the lists of names and addresses (including electronic mail account addresses) described in subdivisions (1) through (3) may not be disclosed by public agencies to commercial entities for commercial purposes and may not be used by commercial entities for commercial purposes. The prohibition in this subsection against the disclosure of lists for political or commercial purposes applies to the following lists of names and addresses (including electronic mail account addresses):
        (1) A list of employees of a public agency.
        (2) A list of persons attending conferences or meetings at a state educational institution or of persons involved in programs or activities conducted or supervised by the state educational institution.
        (3) A list of students who are enrolled in a public school corporation if the governing body of the public school corporation adopts a policy:
            (A) with respect to disclosure related to a commercial purpose, prohibiting the disclosure of the list to commercial entities for commercial purposes;
            (B) with respect to disclosure related to a commercial purpose, specifying the classes or categories of commercial entities to which the list may not be disclosed or by which the list may not be used for commercial purposes; or
            (C) with respect to disclosure related to a political purpose, prohibiting the disclosure of the list to individuals and entities for political purposes.
A policy adopted under subdivision (3)(A) or (3)(B) must be uniform and may not discriminate among similarly situated commercial entities. For purposes of this subsection, "political purposes" means influencing the election of a candidate for federal, state, legislative, local, or school board office or the outcome of a public question or attempting to solicit a contribution to influence the election of a candidate for federal, state,

legislative, local, or school board office or the outcome of a public question.
    (g) A public agency may not enter into or renew a contract or an obligation:
        (1) for the storage or copying of public records; or
        (2) that requires the public to obtain a license or pay copyright royalties for obtaining the right to inspect and copy the records unless otherwise provided by applicable statute;
if the contract, obligation, license, or copyright unreasonably impairs the right of the public to inspect and copy the agency's public records.
    (h) If this section conflicts with IC 3-7, the provisions of IC 3-7 apply.

SOURCE: IC 5-14-3-3.2; (11)IN1304.1.2. -->     SECTION 2. IC 5-14-3-3.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3.2. (a) Notwithstanding section 3 of this chapter, a public agency may refuse to:
        (1) provide access to an individual to inspect or copy a public record on the premises of the public agency;
        (2) provide copies of a public record on paper, disk, drum, or other electronic media; or
        (3) deliver a record electronically by electronic mail or by facsimile (fax);
if the public record may be retrieved electronically through a web site maintained or sponsored by the public agency.
A refusal of a public agency under this subsection does not constitute a denial of disclosure under section 9 of this chapter.
     (b) A public agency may not deny access, refuse to provide copies, or refuse to deliver a record under this section if the public records may not be retrieved electronically due to a malfunction of the public agency's web site. A public agency's denial of access or refusal to provide copies under this subsection constitutes a denial of disclosure under section 9 of this chapter.