SOURCE: Page 1, line 1; (03)MO016901.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 5-14-1.5-5; (03)MO016901.1. -->
, AS AMENDED BY P.L.90-2002,
SECTION 17, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 5. (a) Public notice of the date,
time, and place of any meetings, executive sessions, or of any
rescheduled or reconvened meeting, shall be given at least forty-eight
(48) hours (excluding Saturdays, Sundays, and legal holidays) before
the meeting. This requirement does not apply to reconvened meetings
(not including executive sessions) where announcement of the date,
time, and place of the reconvened meeting is made at the original
meeting and recorded in the memoranda and minutes thereof, and there
is no change in the agenda.
(b) Public notice shall be given by the governing body of a public
(1) posting a copy of the notice at the principal office of the
public agency holding the meeting or, if no such office exists, at
the building where the meeting is to be held; and
depositing in the United States mail with postage prepaid or
by delivering notice to all news media which deliver by January
1 an annual written request for such notices for the next
succeeding calendar year to the governing body of the public
agency. The governing body shall give notice by one (1) of the
(A) Depositing the notice in the United States mail with
(B) Transmitting the notice by electronic mail.
(C) Transmitting the notice by facsimile (fax).
If a governing body comes into existence after January 1, it shall
comply with this subdivision upon receipt of a written request for
In addition, a state agency (as defined in
) shall provide
electronic access to the notice through the computer gateway
administered by the intelenet commission under
(c) Notice of regular meetings need be given only once each year,
except that an additional notice shall be given where the date, time, or
place of a regular meeting or meetings is changed. This subsection
does not apply to executive sessions.
(d) If a meeting is called to deal with an emergency involving actual
or threatened injury to person or property, or actual or threatened
disruption of the governmental activity under the jurisdiction of the
public agency by any event, then the time requirements of notice under
this section shall not apply, but:
(1) news media which have requested notice of meetings must be
given the same notice as is given to the members of the governing
(2) the public must be notified by posting a copy of the notice
according to this section.
(e) This section shall not apply where notice by publication is
required by statute, ordinance, rule, or regulation.
(f) This section shall not apply to:
(1) the department of local government finance, the Indiana board
of tax review, or any other governing body which meets in
continuous session, except that this section applies to meetings of
these governing bodies which are required by or held pursuant to
statute, ordinance, rule, or regulation; or
(2) the executive of a county or the legislative body of a town if
the meetings are held solely to receive information or
recommendations in order to carry out administrative functions,
to carry out administrative functions, or confer with staff
members on matters relating to the internal management of the
unit. "Administrative functions" do not include the awarding of
contracts, the entering into contracts, or any other action creating
an obligation or otherwise binding a county or town.
(g) This section does not apply to the general assembly.
(h) Notice has not been given in accordance with this section if a
governing body of a public agency convenes a meeting at a time so
unreasonably departing from the time stated in its public notice that the
public is misled or substantially deprived of the opportunity to attend,
observe, and record the meeting.".
SOURCE: Page 3, line 24; (03)MO016901.3. -->
Page 3, after line 24, begin a new paragraph and insert:
SOURCE: IC 5-14-3-4; (03)MO016901.3. -->
, AS AMENDED BY P.L.1-2002,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: 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
(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
(11) The following personal information concerning a customer
of a municipally owned utility (as defined in
(A) Telephone number.
(B) Social Security number.
(12) A photograph, a video recording, or an audio recording of an
autopsy, except as provided in
(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 his 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
(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
(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
disciplinary actions in findings of
fact and decisions upon
which final action has been taken and
that resulted in the employee being disciplined or discharged
by vote of the governing body of the agency.
However, all personnel file information shall be made available
to the affected employee or his 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
However, this subdivision does not apply to that information
required to be available for inspection and copying under
(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 his 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
(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
(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 advisory 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
(c) Notwithstanding section 3 of this chapter, a public agency is not
required to create or provide copies of lists of names and addresses,
unless the public agency is required to publish such lists and
disseminate them to the public pursuant to statute. However, if a public
agency has created a list of names and addresses, it must permit a
person to inspect and make memoranda abstracts from the lists unless
access to the lists is prohibited by law. The following lists of names and
addresses may not be disclosed by public agencies to commercial
entities for commercial purposes and may not be used by commercial
entities for commercial purposes:
(1) A list of employees of a public agency.
(2) A list of persons attending conferences or meetings at a state
institution of higher education or of persons involved in programs
or activities conducted or supervised by the state institution of
(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) prohibiting the disclosure of the list to commercial entities
for commercial purposes; or
(B) 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.
A policy adopted under subdivision (3) must be uniform and may not
discriminate among similarly situated commercial entities.
(d) 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.
(e) 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.
(f) Notwithstanding subsection (e) 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.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 169 as printed March 28, 2003.)
MO016901/DI 87 2003