Indiana Code 5-14-3

IC = 5-14-3
Chapter=20 3. Access to Public Records

IC=20 5-14-3-1
Public policy; construction; burden of proof for=20 nondisclosure
Sec. 1. A fundamental = philosophy=20 of the American constitutional form of representative government is that = government is the servant of the people and not their master. = Accordingly, it is=20 the public policy of the state that all persons are entitled to full and = complete information regarding the affairs of government and the = official acts=20 of those who represent them as public officials and employees. Providing = persons=20 with the information is an essential function of a representative = government and=20 an integral part of the routine duties of public officials and = employees, whose=20 duty it is to provide the information. This chapter shall be liberally = construed=20 to implement this policy and place the burden of proof for the = nondisclosure of=20 a public record on the public agency that would deny access to the = record and=20 not on the person seeking to inspect and copy the record.
As added = by=20 P.L.19-1983, SEC.6. Amended by P.L.77-1995, SEC.1.

IC=20 5-14-3-2
Definitions
     Sec. 2. = (a) The=20 definitions set forth in this section apply throughout this=20 chapter.
    (b) "Copy" includes transcribing by=20 handwriting, photocopying, xerography, duplicating machine, duplicating=20 electronically stored data onto a disk, tape, drum, or any other medium = of=20 electronic data storage, and reproducing by any other=20 means.
    (c) "Direct cost" means one hundred = five=20 percent (105%) of the sum of the cost=20 of:
        (1) the initial=20 development of a program, if=20 any;
        (2) the labor = required=20 to retrieve electronically stored data;=20 and
        (3) any medium = used for=20 electronic output;
for providing a duplicate of electronically stored = data=20 onto a disk, tape, drum, or other medium of electronic data retrieval = under=20 section 8(g) of this chapter, or for reprogramming a computer system = under=20 section 6(c) of this chapter.
    (d) "Electronic = map"=20 means copyrighted data provided by a public agency from an electronic = geographic=20 information system.
    (e) "Enhanced access" = means the=20 inspection of a public record by a person other than a governmental = entity and=20 that:
        (1) is by means = of an=20 electronic device other than an electronic device provided by a public = agency in=20 the office of the public agency;=20 or
        (2) requires the=20 compilation or creation of a list or report that does not result in the=20 permanent electronic storage of the = information.
    (f)=20 "Facsimile machine" means a machine that electronically transmits exact = images=20 through connection with a telephone = network.
    (g)=20 "Inspect" includes the right to do the following:=20

        (1) Manually transcribe = and make=20 notes, abstracts, or=20 memoranda.
        (2) In the = case of=20 tape recordings or other aural public records, to listen and manually = transcribe=20 or duplicate, or make notes, abstracts, or other memoranda from=20 them.
        (3) In the case = of=20 public records=20 available:
          = ;  (A)=20 by enhanced access under section 3.5 of this chapter;=20 or
           &= nbsp;(B)=20 to a governmental entity under section 3(c)(2) of this=20 chapter;
        to examine = and copy=20 the public records by use of an electronic=20 device.
        (4) In the = case of=20 electronically stored data, to manually transcribe and make notes, = abstracts, or=20 memoranda or to duplicate the data onto a disk, tape, drum, or any other = medium=20 of electronic storage.
    (h) "Investigatory = record"=20 means information compiled in the course of the investigation of a=20 crime.
    (i) "Offender" means a person confined = in a=20 penal institution as the result of the conviction for a=20 crime.
    (j) "Patient" has the meaning set out = in=20 IC 16-18-2-272(d).
    (k) "Person" means an = individual, a corporation, a limited liability company, a partnership, = an=20 unincorporated association, or a governmental=20 entity.
    (l) "Provider" has the meaning set = out in=20 IC 16-18-2-295(b) and includes employees of the state department of = health=20 or local boards of health who create patient records at the request of = another=20 provider or who are social workers and create records concerning the = family=20 background of children who may need = assistance.
    (m)=20 "Public agency", except as provided in section 2.1 of this chapter, = means the=20 following:
        (1) Any = board,=20 commission, department, division, bureau, committee, agency, office,=20 instrumentality, or authority, by whatever name designated, exercising = any part=20 of the executive, administrative, judicial, or legislative power of the=20 state.
        (2)=20 Any:
           = ; (A)=20 county, township, school corporation, city, or town, or any board, = commission,=20 department, division, bureau, committee, office, instrumentality, or = authority=20 of any county, township, school corporation, city, or=20 town;
          &nbs= p; (B)=20 political subdivision (as defined by IC 36-1-2-13);=20 or
           &= nbsp;(C)=20 other entity, or any office thereof, by whatever name designated, = exercising in=20 a limited geographical area the executive, administrative, judicial, or=20 legislative power of the state or a delegated local governmental=20 power.
        (3) Any entity = or=20 office that is subject=20 to:
           = (A)=20 budget review by either the department of local government finance or = the=20 governing body of a county, city, town, township, or school corporation; = or
           &= nbsp;(B)=20 an audit by the state board of accounts that is required by statute, = rule, or=20 regulation.=20

        (4) Any building = corporation of=20 a political subdivision that issues bonds for the purpose of = constructing public=20 facilities.
        (5) Any = advisory=20 commission, committee, or body created by statute, ordinance, or = executive order=20 to advise the governing body of a public agency, except medical staffs = or the=20 committees of any such=20 staff.
        (6) Any law=20 enforcement agency, which means an agency or a department of any level = of=20 government that engages in the investigation, apprehension, arrest, or=20 prosecution of alleged criminal offenders, such as the state police = department,=20 the police or sheriff's department of a political subdivision, = prosecuting=20 attorneys, members of the excise police division of the alcohol and = tobacco=20 commission, conservation officers of the department of natural = resources, gaming=20 agents of the Indiana gaming commission, gaming control officers of the = Indiana=20 gaming commission, and the security division of the state lottery=20 commission.
        (7) Any = license=20 branch staffed by employees of the bureau of motor vehicles commission = under=20 IC 9-16.
        (8) The = state=20 lottery commission established by IC 4-30-3-1, including any = department,=20 division, or office of the=20 commission.
        (9) The = Indiana=20 gaming commission established under IC 4-33, including any = department,=20 division, or office of the=20 commission.
        (10) The = Indiana=20 horse racing commission established by IC 4-31, including any = department,=20 division, or office of the commission.
    (n) = "Public=20 record" means any writing, paper, report, study, map, photograph, book, = card,=20 tape recording, or other material that is created, received, retained,=20 maintained, or filed by or with a public agency and which is generated = on paper,=20 paper substitutes, photographic media, chemically based media, magnetic = or=20 machine readable media, electronically stored data, or any other = material,=20 regardless of form or characteristics.
    (o)=20 "Standard-sized documents" includes all documents that can be = mechanically=20 reproduced (without mechanical reduction) on paper sized eight and = one-half (8=20 1/2) inches by eleven (11) inches or eight and one-half (8 1/2) inches = by=20 fourteen (14) inches.
    (p) "Trade secret" has = the=20 meaning set forth in IC 24-2-3-2.
    (q) = "Work=20 product of an attorney" means information compiled by an attorney in = reasonable=20 anticipation of litigation. The term includes the=20 attorney's:
        (1) notes = and=20 statements taken during interviews of prospective witnesses;=20 and
        (2) legal = research or=20 records, correspondence, reports, or memoranda to the extent that each = contains=20 the attorney's opinions, theories, or conclusions.
This definition = does not=20 restrict the application of any exception under section 4 of this=20 chapter.
As added by P.L.19-1983, SEC.6. Amended by P.L.34-1984, = SEC.1;=20 P.L.54-1985, SEC.1; P.L.50-1986, SEC.1; P.L.42-1986, SEC.2;=20

P.L.341-1989(ss), SEC.6; P.L.2-1991, SEC.29; P.L.2-1992, SEC.53; = P.L.2-1993,=20 SEC.49; P.L.58-1993, SEC.1; P.L.8-1993, SEC.57; P.L.277-1993(ss), = SEC.128;=20 P.L.1-1994, SEC.21; P.L.77-1995, SEC.2; P.L.50-1995, SEC.15; P.L.1-1999, = SEC.6;=20 P.L.256-1999, SEC.1; P.L.204-2001, SEC.12; P.L.90-2002, SEC.18; = P.L.261-2003,=20 SEC.5; P.L.2-2005, SEC.16; P.L.170-2005, SEC.17; P.L.1-2006, SEC.101;=20 P.L.1-2007, SEC.28; P.L.179-2007, SEC.7; P.L.227-2007, SEC.57; = P.L.3-2008,=20 SEC.28; P.L.51-2008, SEC.1.

IC 5-14-3-2.1
"Public agency"; = certain=20 providers exempted
     Sec. 2.1. "Public = agency",=20 for purposes of this chapter, does not mean a provider of goods, = services, or=20 other benefits that meets the following=20 requirements:
        (1) The = provider receives public funds through an agreement with the state, a = county, or=20 a municipality that meets the following=20 requirements:
         &n= bsp;  (A)=20 The agreement provides for the payment of fees to the entity in exchange = for=20 services, goods, or other=20 benefits.
          =   (B)=20 The amount of fees received by the entity under the agreement is not = based upon=20 or does not involve a consideration of the tax revenues or receipts of = the=20 state, county, or=20 municipality.
         &n= bsp;  (C)=20 The amount of the fees are negotiated by the entity and the state, = county, or=20 municipality.
         &n= bsp;  (D)=20 The state, county, or municipality is billed for fees by the entity for = the=20 services, goods, or other benefits actually provided by the=20 entity.
        (2) The = provider is=20 not required by statute, rule, or regulation to be audited by the state = board of=20 accounts.
As added by P.L.179-2007, SEC.8.

IC 5-14-3-3
Right to inspect and = copy public=20 agency records; electronic data storage; use of information for = commercial=20 purposes; contracts
     Sec. 3. (a) Any = person may=20 inspect and copy the public records of any public agency during the = regular=20 business hours of the agency, except as provided in section 4 of this = chapter. A=20 request for inspection or copying=20 must:
        (1) identify = with=20 reasonable particularity the record being requested;=20 and
        (2) be, at the = discretion=20 of the agency, in writing on or in a form provided by the agency.
No = request=20 may be denied because the person making the request refuses to state the = purpose=20 of the request, unless such condition is required by other applicable=20 statute.
    (b) A public agency may not deny or=20 interfere with the exercise of the right stated in subsection (a). = Within a=20 reasonable time after the request is received by the agency, the public = agency=20 shall either:
        (1) = provide the=20 requested copies to the person making the=20

request; or
        (2) = allow the=20 person to make=20 copies:
          &n= bsp; (A)=20 on the agency's equipment;=20 or
           &= nbsp;(B)=20 on the person's own equipment.
    (c) = Notwithstanding=20 subsections (a) and (b), a public agency may or may not do the=20 following:
        (1) In = accordance=20 with a contract described in section 3.5 of this chapter, permit a = person to=20 inspect and copy through the use of enhanced access public records = containing=20 information owned by or entrusted to the public=20 agency.
        (2) Permit a=20 governmental entity to use an electronic device to inspect and copy = public=20 records containing information owned by or entrusted to the public=20 agency.
    (d) Except as provided in subsection = (e), a=20 public agency that maintains or contracts for the maintenance of public = records=20 in an electronic data storage system shall make reasonable efforts to = provide to=20 a person making a request a copy of all disclosable data contained in = the=20 records on paper, disk, tape, drum, or any other method of electronic = retrieval=20 if the medium requested is compatible with the agency's data storage = system.=20 This subsection does not apply to an electronic=20 map.
    (e) A state agency may adopt a rule = under=20 IC 4-22-2, and a political subdivision may enact an ordinance, = prescribing=20 the conditions under which a person who receives information on disk or = tape=20 under subsection (d) may or may not use the information for commercial = purposes,=20 including to sell, advertise, or solicit the purchase of merchandise, = goods, or=20 services, or sell, loan, give away, or otherwise deliver the information = obtained by the request to any other person for these purposes. Use of=20 information received under subsection (d) in connection with the = preparation or=20 publication of news, for nonprofit activities, or for academic research = is not=20 prohibited. A person who uses information in a manner contrary to a rule = or=20 ordinance adopted under this subsection may be prohibited by the state = agency or=20 political subdivision from obtaining a copy or any further data under = subsection=20 (d).
    (f) Notwithstanding the other provisions = of this=20 section, a public agency is not required to create or provide copies of = lists of=20 names and addresses (including electronic mail account addresses) unless = the=20 public agency is required to publish such lists and disseminate them to = the=20 public under a statute. However, if a public agency has created a list = of names=20 and addresses (excluding electronic mail account addresses) it must = permit a=20 person to inspect and make memoranda abstracts from the list unless = access to=20 the list is prohibited by law. The lists of names and addresses = (including=20 electronic mail account addresses) described in subdivisions (1) through = (3) may=20 not be disclosed by public agencies to any individual or entity for = political=20 purposes and may not be used by any individual or entity for political = purposes.=20 In addition, the lists of names and addresses (including electronic mail = account=20 addresses) described in subdivisions (1) through (3) may not be = disclosed by=20

public agencies to commercial entities for commercial purposes and = may not be=20 used by commercial entities for commercial purposes. The prohibition in = this=20 subsection against the disclosure of lists for political or commercial = purposes=20 applies to the following lists of names and addresses (including = electronic mail=20 account = addresses):
        (1) A=20 list of employees of a public=20 agency.
        (2) A list of = persons=20 attending conferences or meetings at a state educational institution or = of=20 persons involved in programs or activities conducted or supervised by = the state=20 educational = institution.
        (3)=20 A list of students who are enrolled in a public school corporation if = the=20 governing body of the public school corporation adopts a=20 policy:
          &n= bsp; (A)=20 with respect to disclosure related to a commercial purpose, prohibiting = the=20 disclosure of the list to commercial entities for commercial=20 purposes;
          =   (B)=20 with respect to disclosure related to a commercial purpose, specifying = the=20 classes or categories of commercial entities to which the list may not = be=20 disclosed or by which the list may not be used for commercial purposes;=20 or
           &= nbsp;(C)=20 with respect to disclosure related to a political purpose, prohibiting = the=20 disclosure of the list to individuals and entities for political = purposes.
A=20 policy adopted under subdivision (3)(A) or (3)(B) must be uniform and = may not=20 discriminate among similarly situated commercial entities. For purposes = of this=20 subsection, "political purposes" means influencing the election of a = candidate=20 for federal, state, legislative, local, or school board office or the = outcome of=20 a public question or attempting to solicit a contribution to influence = the=20 election of a candidate for federal, state, legislative, local, or = school board=20 office or the outcome of a public = question.
    (g) A=20 public agency may not enter into or renew a contract or an=20 obligation:
        (1) for = the=20 storage or copying of public records;=20 or
        (2) that requires = the=20 public to obtain a license or pay copyright royalties for obtaining the = right to=20 inspect and copy the records unless otherwise provided by applicable=20 statute;
if the contract, obligation, license, or copyright = unreasonably=20 impairs the right of the public to inspect and copy the agency's public=20 records.
    (h) If this section conflicts with=20 IC 3-7, the provisions of IC 3-7 apply.
As added by = P.L.19-1983,=20 SEC.6. Amended by P.L.54-1985, SEC.2; P.L.51-1986, SEC.1; P.L.58-1993, = SEC.2;=20 P.L.77-1995, SEC.3; P.L.173-2003, SEC.4 and P.L.261-2003, SEC.6; = P.L.22-2006,=20 SEC.1; P.L.1-2007, SEC.29; P.L.2-2007, SEC.100; P.L.134-2012, = SEC.17.

IC 5-14-3-3.5
State agencies; = enhanced=20 access to public records; office of=20

technology
     Sec. 3.5. (a) As used in = this=20 section, "state agency" has the meaning set forth in IC 4-13-1-1. = The term=20 does not include the office of the following elected state=20 officials:
        (1) = Secretary of=20 state.
        (2)=20 Auditor.
        (3)=20 Treasurer.
        (4) = Attorney=20 general.
        (5) = Superintendent=20 of public instruction.
However, each state office described in = subdivisions=20 (1) through (5) and the judicial department of state government may use = the=20 computer gateway administered by the office of technology established by = IC 4-13.1-2-1, subject to the requirements of this=20 section.
    (b) As an additional means of = inspecting and=20 copying public records, a state agency may provide enhanced access to = public=20 records maintained by the state agency.
    (c) = If the=20 state agency has entered into a contract with a third party under which = the=20 state agency provides enhanced access to the person through the third = party's=20 computer gateway or otherwise, all of the following apply to the=20 contract:
        (1) The = contract=20 between the state agency and the third party must provide for the = protection of=20 public records in accordance with subsection=20 (d).
        (2) The contract = between=20 the state agency and the third party may provide for the payment of a = reasonable=20 fee to the state agency by=20 either:
          &n= bsp; (A)=20 the third party;=20 or
           &= nbsp;(B)=20 the person.
    (d) A contract required by this = section=20 must provide that the person and the third party will not engage in the=20 following:
        (1) = Unauthorized=20 enhanced access to public=20 records.
        (2) = Unauthorized=20 alteration of public=20 records.
        (3) = Disclosure of=20 confidential public records.
    (e) A state = agency shall=20 provide enhanced access to public records only through the computer = gateway=20 administered by the office of technology.
As added by P.L.58-1993, = SEC.3.=20 Amended by P.L.77-1995, SEC.4; P.L.19-1997, SEC.2; P.L.14-2004, SEC.183; = P.L.177-2005, SEC.15.

IC 5-14-3-3.6
Public agencies; = enhanced=20 access to public records; office of = technology
    =20 Sec. 3.6. (a) As used in this section "public agency" does not include a = state=20 agency (as defined in section 3.5(a) of this=20 chapter).
    (b) As an additional means of = inspecting=20 and copying public records, a public agency may provide enhanced access = to=20 public records maintained by the public = agency.
    (c) A=20 public agency may provide a person with enhanced access to public = records if any=20 of the following apply:=20

        (1) The public agency = provides=20 enhanced access to the person through its own computer gateway and = provides for=20 the protection of public records under subsection=20 (d).
        (2) The public = agency=20 has entered into a contract with a third party under which the public = agency=20 provides enhanced access to the person through the third party's = computer=20 gateway or otherwise, and the contract between the public agency and the = third=20 party provides for the protection of public records in accordance with=20 subsection (d).
    (d) A contract entered into = under=20 this section and any other provision of enhanced access must provide = that the=20 third party and the person will not engage in the=20 following:
        (1) = Unauthorized=20 enhanced access to public=20 records.
        (2) = Unauthorized=20 alteration of public=20 records.
        (3) = Disclosure of=20 confidential public records.
    (e) A contract = entered=20 into under this section or any provision of enhanced access may require = the=20 payment of a reasonable fee to either the third party to a contract or = to the=20 public agency, or both, from the person.
    (f) = A public=20 agency may provide enhanced access to public records through the = computer=20 gateway administered by the office of technology established by=20 IC 4-13.1-2-1.
As added by P.L.19-1997, SEC.3. Amended by=20 P.L.177-2005, SEC.16.

IC 5-14-3-4
Records excepted from = disclosure;=20 time limitations; destruction of records
     = Sec. 4.=20 (a) The following public records are excepted from section 3 of this = chapter and=20 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=20 under the rules of=20 discovery:
        (1) Those = declared=20 confidential by state=20 statute.
        (2) Those = declared=20 confidential by rule adopted by a public agency under specific authority = to=20 classify public records as confidential granted to the public agency by=20 statute.
        (3) Those = required=20 to be kept confidential by federal=20 law.
        (4) Records = containing=20 trade secrets.
        (5)=20 Confidential financial information obtained, upon request, from a = person.=20 However, this does not include information that is filed with or = received by a=20 public agency pursuant to state=20 statute.
        (6) = Information=20 concerning research, including actual research documents, conducted = under the=20 auspices of a state educational institution, including=20 information:
         &nb= sp;  (A)=20 concerning any negotiations made with respect to the research;=20 and
           = (B)=20 received from another party involved in the=20 research.
        (7) Grade=20 transcripts and license examination scores obtained as part of a = licensure=20 process.=20

        (8) Those declared = confidential=20 by or under rules adopted by the supreme court of=20 Indiana.
        (9) Patient = medical=20 records and charts created by a provider, unless the patient gives = written=20 consent under IC 16-39 or as provided under=20 IC 16-41-8.
        (10) = Application information declared confidential by the board of the = Indiana=20 economic development corporation under=20 IC 5-28-16.
        (11) = A=20 photograph, a video recording, or an audio recording of an autopsy, = except as=20 provided in=20 IC 36-2-14-10.
        (1= 2) A=20 Social Security number contained in the records of a public=20 agency.
        (13) The = following=20 information that is part of a foreclosure action subject to=20 IC 32-30-10.5:
        &n= bsp;   (A)=20 Contact information for a debtor, as described in=20 IC 32-30-10.5-8(d)(2)(B).
      &nb= sp;     (B)=20 Any document submitted to the court as part of the debtor's loss = mitigation=20 package under = IC 32-30-10.5-10(a)(3).
    (b) Except=20 as otherwise provided by subsection (a), the following public records = shall be=20 excepted from section 3 of this chapter at the discretion of a public=20 agency:
        (1) = Investigatory=20 records of law enforcement agencies. However, certain law enforcement = records=20 must be made available for inspection and copying as provided in section = 5 of=20 this chapter.
        (2) The = work=20 product of an attorney representing, pursuant to state employment or an=20 appointment by a public=20 agency:
          &n= bsp; (A)=20 a public=20 agency;
          &n= bsp; (B)=20 the state;=20 or
           &= nbsp;(C)=20 an individual.
        (3) = Test=20 questions, scoring keys, and other examination data used in = administering a=20 licensing examination, examination for employment, or academic = examination=20 before the examination is given or if it is to be given=20 again.
        (4) Scores of = tests if=20 the person is identified by name and has not consented to the release of = the=20 person's scores.
        (5) = The=20 following:
          = ;  (A)=20 Records relating to negotiations between the Indiana economic = development=20 corporation, the ports of Indiana, the Indiana state department of = agriculture,=20 the Indiana finance authority, an economic development commission, a = local=20 economic development organization (as defined in IC 5-28-11-2(3)), = or a=20 governing body of a political subdivision with industrial, research, or=20 commercial prospects, if the records are created while negotiations are = in=20 progress.
          =   (B)=20 Notwithstanding clause (A), the terms of the final offer of public = financial=20 resources communicated by the Indiana economic development corporation, = the=20 ports of Indiana, the=20

Indiana finance authority, an economic development commission, or a = governing=20 body of a political subdivision to an industrial, a research, or a = commercial=20 prospect shall be available for inspection and copying under section 3 = of this=20 chapter after negotiations with that prospect have=20 terminated.
         &nbs= p;  (C)=20 When disclosing a final offer under clause (B), the Indiana economic = development=20 corporation shall certify that the information being disclosed = accurately and=20 completely represents the terms of the final=20 offer.
        (6) Records = that are=20 intra-agency or interagency advisory or deliberative material, including = material developed by a private contractor under a contract with a = public=20 agency, that are expressions of opinion or are of a speculative nature, = and that=20 are communicated for the purpose of decision=20 making.
        (7) Diaries,=20 journals, or other personal notes serving as the functional equivalent = of a=20 diary or journal.
        (8) = Personnel files of public employees and files of applicants for public=20 employment, except=20 for:
           = ; (A)=20 the name, compensation, job title, business address, business telephone = number,=20 job description, education and training background, previous work = experience, or=20 dates of first and last employment of present or former officers or = employees of=20 the=20 agency;
          &n= bsp; (B)=20 information relating to the status of any formal charges against the = employee;=20 and
           = (C)=20 the factual basis for a disciplinary action in which final action has = been taken=20 and that resulted in the employee being suspended, demoted, or=20 discharged.
        However, = all=20 personnel file information shall be made available to the affected = employee or=20 the employee's representative. This subdivision does not apply to = disclosure of=20 personnel information generally on all employees or for groups of = employees=20 without the request being particularized by employee=20 name.
        (9) Minutes or = records=20 of hospital medical staff=20 meetings.
        (10) = Administrative=20 or technical information that would jeopardize a record keeping or = security=20 system.
        (11) Computer = programs, computer codes, computer filing systems, and other software = that are=20 owned by the public agency or entrusted to it and portions of electronic = maps=20 entrusted to a public agency by a=20 utility.
        (12) Records = specifically prepared for discussion or developed during discussion in = an=20 executive session under IC 5-14-1.5-6.1. However, this subdivision = does not=20 apply to that information required to be available for inspection and = copying=20 under subdivision = (8).
        (13)=20 The work product of the legislative services agency under personnel = rules=20 approved by the legislative=20 council.
        (14) The = work=20 product of individual members and the partisan=20

staffs of the general=20 assembly.
        (15) The = identity=20 of a donor of a gift made to a public agency=20 if:
           = (A)=20 the donor requires nondisclosure of the donor's identity as a condition = of=20 making the gift;=20 or
           &= nbsp;(B)=20 after the gift is made, the donor or a member of the donor's family = requests=20 nondisclosure.
        (16) = Library=20 or archival=20 records:
          &= nbsp; (A)=20 which can be used to identify any library patron;=20 or
           &= nbsp;(B)=20 deposited with or acquired by a library upon a condition that the = records be=20 disclosed=20 only:
          &nbs= p;     (i)=20 to qualified=20 researchers;
         &nb= sp;      (ii)=20 after the passing of a period of years that is specified in the = documents under=20 which the deposit or acquisition is made;=20 or
           &= nbsp;    (iii)=20 after the death of persons specified at the time of the acquisition or=20 deposit.
        However, = nothing in=20 this subdivision shall limit or affect contracts entered into by the = Indiana=20 state library pursuant to=20 IC 4-1-6-8.
        (17) = The=20 identity of any person who contacts the bureau of motor vehicles = concerning the=20 ability of a driver to operate a motor vehicle safely and the medical = records=20 and evaluations made by the bureau of motor vehicles staff or members of = the=20 driver licensing medical advisory board regarding the ability of a = driver to=20 operate a motor vehicle safely. However, upon written request to the=20 commissioner of the bureau of motor vehicles, the driver must be given = copies of=20 the driver's medical records and=20 evaluations.
        (18) = School=20 safety and security measures, plans, and systems, including emergency=20 preparedness plans developed under 511 IAC=20 6.1-2-2.5.
        (19) A = record or a=20 part of a record, the public disclosure of which would have a reasonable = likelihood of threatening public safety by exposing a vulnerability to = terrorist=20 attack. A record described under this subdivision=20 includes:
          =   (A)=20 a record assembled, prepared, or maintained to prevent, mitigate, or = respond to=20 an act of terrorism under IC 35-47-12-1 or an act of agricultural = terrorism=20 under=20 IC 35-47-12-2;
        &n= bsp;   (B)=20 vulnerability=20 assessments;
         &nb= sp;  (C)=20 risk planning=20 documents;
          = ;  (D)=20 needs=20 assessments;
         &nb= sp;  (E)=20 threat=20 assessments;
         &nb= sp;  (F)=20 intelligence=20 assessments;
         &nb= sp;  (G)=20 domestic preparedness=20 strategies;
         &nbs= p;  (H)=20 the location of community drinking water wells and surface water=20 intakes;
          &= nbsp; (I)=20 the emergency contact information of emergency responders and=20 volunteers;
         &nbs= p;  (J)=20 infrastructure records that disclose the configuration of=20

critical systems such as communication, electrical, ventilation, = water, and=20 wastewater systems;=20 and
           = (K)=20 detailed drawings or specifications of structural elements, floor plans, = and=20 operating, utility, or security systems, whether in paper or electronic = form, of=20 any building or facility located on an airport (as defined in = IC 8-21-1-1)=20 that is owned, occupied, leased, or maintained by a public agency. A = record=20 described in this clause may not be released for public inspection by = any public=20 agency without the prior approval of the public agency that owns, = occupies,=20 leases, or maintains the airport. The public agency that owns, occupies, = leases,=20 or maintains the=20 airport:
          &= nbsp;     (i)=20 is responsible for determining whether the public disclosure of a record = or a=20 part of a record has a reasonable likelihood of threatening public = safety by=20 exposing a vulnerability to terrorist attack;=20 and
           =      (ii)=20 must identify a record described under item (i) and clearly mark the = record as=20 "confidential and not subject to public disclosure under=20 IC 5-14-3-4(b)(19)(J) without approval of (insert name of = submitting public=20 agency)".
        This = subdivision=20 does not apply to a record or portion of a record pertaining to a = location or=20 structure owned or protected by a public agency in the event that an act = of=20 terrorism under IC 35-47-12-1 or an act of agricultural terrorism = under=20 IC 35-47-12-2 has occurred at that location or structure, unless = release of=20 the record or portion of the record would have a reasonable likelihood = of=20 threatening public safety by exposing a vulnerability of other locations = or=20 structures to terrorist=20 attack.
        (20) The = following=20 personal information concerning a customer of a municipally owned = utility (as=20 defined in=20 IC 8-1-2-1):
        &nbs= p;   (A)=20 Telephone=20 number.
          &n= bsp; (B)=20 Address.
          &= nbsp; (C)=20 Social Security = number.
        (21)=20 The following personal information about a complainant contained in = records of a=20 law enforcement=20 agency:
          &n= bsp; (A)=20 Telephone=20 number.
          &n= bsp; (B)=20 The complainant's address. However, if the complainant's address is the = location=20 of the suspected crime, infraction, accident, or complaint reported, the = address=20 shall be made available for public inspection and=20 copying.
        (22) = Notwithstanding=20 subdivision (8)(A), the name, compensation, job title, business address, = business telephone number, job description, education and training = background,=20 previous work experience, or dates of first employment of a law = enforcement=20 officer who is operating in an undercover=20 capacity.
        (23) = Records=20 requested by an offender=20 that:
          &nbs= p; (A)=20 contain personal information relating=20 to:
           =      (i)=20 a correctional officer (as defined in=20 IC 5-10-10-1.5);
        =         (ii)=20 a law enforcement officer (as defined in IC 35-31.5-2-185);=20

            &= nbsp;   (iii)=20 a judge (as defined in=20 IC 33-38-12-3);
        &= nbsp;       (iv)=20 the victim of a crime;=20 or
           &= nbsp;    (v)=20 a family member of a correctional officer, law enforcement officer (as = defined=20 in IC 35-31.5-2-185), judge (as defined in IC 33-38-12-3), or = victim=20 of a crime;=20 or
           &= nbsp;(B)=20 concern or could affect the security of a jail or correctional=20 facility.
        (24) = Information=20 concerning an individual less than eighteen (18) years of age who = participates=20 in a conference, meeting, program, or activity conducted or supervised = by a=20 state educational institution, including the following information = regarding the=20 individual or the individual's parent or=20 guardian:
          =   (A)=20 Name.
          &nbs= p; (B)=20 Address.
          &= nbsp; (C)=20 Telephone=20 number.
          &n= bsp; (D)=20 Electronic mail account address.
    (c) Nothing=20 contained in subsection (b) shall limit or affect the right of a person = to=20 inspect and copy a public record required or directed to be made by any = statute=20 or by any rule of a public agency.
    (d)=20 Notwithstanding any other law, a public record that is classified as=20 confidential, other than a record concerning an adoption or patient = medical=20 records, shall be made available for inspection and copying seventy-five = (75)=20 years after the creation of that record.
    (e) = Only the=20 content of a public record may form the basis for the adoption by any = public=20 agency of a rule or procedure creating an exception from disclosure = under this=20 section.
    (f) Except as provided by law, a = public=20 agency may not adopt a rule or procedure that creates an exception from=20 disclosure under this section based upon whether a public record is = stored or=20 accessed using paper, electronic media, magnetic media, optical media, = or other=20 information storage technology.
    (g) Except as = provided by law, a public agency may not adopt a rule or procedure nor = impose=20 any costs or liabilities that impede or restrict the reproduction or=20 dissemination of any public record.
    (h)=20 Notwithstanding subsection (d) and section 7 of this=20 chapter:
        (1) public = records=20 subject to IC 5-15 may be destroyed only in accordance with record=20 retention schedules under IC 5-15;=20 or
        (2) public records = not=20 subject to IC 5-15 may be destroyed in the ordinary course of=20 business.
As added by P.L.19-1983, SEC.6. Amended by P.L.57-1983, = SEC.1;=20 P.L.34-1984, SEC.2; P.L.54-1985, SEC.3; P.L.50-1986, SEC.2; P.L.20-1988, = SEC.12;=20 P.L.11-1990, SEC.111; P.L.1-1991, SEC.38; P.L.10-1991, SEC.9; = P.L.50-1991,=20 SEC.1; P.L.49-1991, SEC.1; P.L.1-1992, SEC.11; P.L.2-1993, SEC.50; = P.L.58-1993,=20 SEC.4; P.L.190-1999, SEC.2; P.L.37-2000, SEC.2; P.L.271-2001, SEC.1;=20 P.L.201-2001, SEC.1; P.L.1-2002, SEC.17; P.L.173-2003, SEC.5; = P.L.261-2003,=20 SEC.7; P.L.208-2003, SEC.1; P.L.200-2003, SEC.3; P.L.210-2005, SEC.1;=20 P.L.1-2006, SEC.102; P.L.101-2006, SEC.4; P.L.2-2007, SEC.101; = P.L.172-2007,=20 SEC.1; P.L.179-2007, SEC.9;=20

P.L.3-2008, SEC.29; P.L.51-2008, SEC.2; P.L.98-2008, SEC.4; = P.L.120-2008,=20 SEC.2; P.L.94-2010, SEC.1; P.L.170-2011, SEC.1; P.L.134-2012, = SEC.18.

IC 5-14-3-4.1
Repealed=20
(Repealed by P.L.1-1989,=20 SEC.75.)

IC = 5-14-3-4.3
Job title or=20 job descriptions of law enforcement = officers
=20 Sec. 4.3. Nothing contained in section 4(b)(8) of this chapter requires = a law=20 enforcement agency to release to the public the job title or job = description of=20 law enforcement officers.
As added by P.L.35-1984, SEC.1.

IC 5-14-3-4.5
Indiana economic = development=20 corporation negotiation records excepted from disclosure; disclosure of = final=20 offers
     Sec. 4.5. (a) Records relating to = negotiations between the Indiana economic development corporation and=20 industrial, research, or commercial prospects are excepted from section = 3 of=20 this chapter at the discretion of the corporation if the records are = created=20 while negotiations are in progress.
    (b)=20 Notwithstanding subsection (a), the terms of the final offer of public = financial=20 resources communicated by the corporation to an industrial, a research, = or a=20 commercial prospect shall be available for inspection and copying under = section=20 3 of this chapter after negotiations with that prospect have=20 terminated.
    (c) When disclosing a final offer = under=20 subsection (b), the corporation shall certify that the information being = disclosed accurately and completely represents the terms of the final=20 offer.
As added by P.L.4-2005, SEC.29.

IC 5-14-3-4.7
Negotiation = records; final=20 offers; certification of final offer = disclosure
    =20 Sec. 4.7. (a) Records relating to negotiations between the Indiana = finance=20 authority and industrial, research, or commercial prospects are excepted = from=20 section 3 of this chapter at the discretion of the authority if the = records are=20 created while negotiations are in = progress.
    (b)=20 Notwithstanding subsection (a), the terms of the final offer of public = financial=20 resources communicated by the authority to an industrial, a research, or = a=20 commercial prospect shall be available for inspection and copying under = section=20 3 of this chapter after negotiations with that prospect have=20 terminated.
    (c) When disclosing a final offer = under=20 subsection (b), the authority shall certify that the information being = disclosed=20 accurately and completely represents the terms of the final = offer.
As=20 added by P.L.235-2005, SEC.85.

IC 5-14-3-4.8
Records exempt from = disclosure=20 requirements; office of tourism development negotiations; final offers=20 public
     Sec. 4.8. (a) Records relating to = negotiations between the office of tourism development and industrial, = research,=20 or commercial prospects are excepted from section 3 of this chapter at = the=20 discretion of the office of tourism development if the records are = created while=20 negotiations are in progress.
    (b) = Notwithstanding=20 subsection (a), the terms of the final offer of public financial = resources=20 communicated by the office of tourism development to an industrial, a = research,=20 or a commercial prospect shall be available for inspection and copying = under=20 section 3 of this chapter after negotiations with that prospect have=20 terminated.
    (c) When disclosing a final offer = under=20 subsection (b), the office of tourism development shall certify that the = information being disclosed accurately and completely represents the = terms of=20 the final offer.
As added by P.L.229-2005, SEC.3.

IC 5-14-3-4.9
Ports of Indiana = negotiation=20 records excepted from disclosure; disclosure of final=20 offers
     Sec. 4.9. (a) Records relating to = negotiations between the ports of Indiana and industrial, research, or=20 commercial prospects are excepted from section 3 of this chapter at the=20 discretion of the ports of Indiana if the records are created while = negotiations=20 are in progress.
    (b) Notwithstanding = subsection (a),=20 the terms of the final offer of public financial resources communicated = by the=20 ports of Indiana to an industrial, a research, or a commercial prospect = shall be=20 available for inspection and copying under section 3 of this chapter = after=20 negotiations with that prospect have = terminated.
    (c)=20 When disclosing a final offer under subsection (b), the ports of Indiana = shall=20 certify that the information being disclosed accurately and completely=20 represents the terms of the final offer.
As added by P.L.98-2008,=20 SEC.5.

IC 5-14-3-5
Information relating to = arrest or=20 summons; jailed persons; agency records
     = Sec. 5.=20 (a) If a person is arrested or summoned for an offense, the following=20 information shall be made available for inspection and=20 copying:
        (1) = Information that=20 identifies the person including the person's name, age, and=20 address.
        (2) = Information=20 concerning any charges on which the arrest or summons is=20 based.
        (3) = Information=20 relating to the circumstances of the arrest or the issuance of the = summons, such=20 as=20 the:
           = ; (A)=20 time and location of the arrest or the issuance of the=20

summons;
         &nbs= p;  (B)=20 investigating or arresting officer (other than an undercover officer or = agent);=20 and
           = (C)=20 investigating or arresting law enforcement=20 agency.
    (b) If a person is received in a jail = or=20 lock-up, the following information shall be made available for = inspection and=20 copying:
        (1) = Information that=20 identifies the person including the person's name, age, and=20 address.
        (2) = Information=20 concerning the reason for the person being placed in the jail or = lock-up,=20 including the name of the person on whose order the person is being=20 held.
        (3) The time = and date=20 that the person was received and the time and date of the person's = discharge or=20 transfer.
        (4) The = amount of=20 the person's bail or bond, if it has been = fixed.
    (c)=20 An agency shall maintain a daily log or record that lists suspected = crimes,=20 accidents, or complaints, and the following information shall be made = available=20 for inspection and=20 copying:
        (1) The = time,=20 substance, and location of all complaints or requests for assistance = received by=20 the agency.
        (2) The = time and=20 nature of the agency's response to all complaints or requests for=20 assistance.
        (3) If = the=20 incident involves an alleged crime or=20 infraction:
         &nbs= p;  (A)=20 the time, date, and location of=20 occurrence;
         &nbs= p;  (B)=20 the name and age of any victim, unless the victim is a victim of a crime = under=20 IC 35-42-4 or=20 IC 35-42-3.5;
        &nb= sp;   (C)=20 the factual circumstances surrounding the incident;=20 and
           = (D)=20 a general description of any injuries, property, or weapons = involved.
The=20 information required in this subsection shall be made available for = inspection=20 and copying in compliance with this chapter. The record containing the=20 information must be created not later than twenty-four (24) hours after = the=20 suspected crime, accident, or complaint has been reported to the=20 agency.
    (d) This chapter does not affect=20 IC 5-2-4, IC 10-13-3, or IC 5-11-1-9.
As added by=20 P.L.19-1983, SEC.6. Amended by P.L.39-1992, SEC.1; P.L.2-2003, SEC.24;=20 P.L.1-2012, SEC.1.

IC 5-14-3-5.5
Sealing certain = records by=20 court; hearing; notice
     Sec. 5.5. (a) = This=20 section applies to a judicial public = record.
    (b) As=20 used in this section, "judicial public record" does not include a record = submitted to a court for the sole purpose of determining whether the = record=20 should be sealed.
    (c) Before a court may seal = a=20 public record not declared confidential under section 4(a) of this = chapter, it=20 must hold a hearing at a date and time established by the court. Notice = of the=20 hearing shall be posted at a place designated for posting notices in the = courthouse.
    (d) At the hearing, parties or = members of=20 the general public must=20

be permitted to testify and submit written briefs. A decision to seal = all or=20 part of a public record must be based on findings of fact and = conclusions of=20 law, showing that the remedial benefits to be gained by effectuating the = public=20 policy of the state declared in section 1 of this chapter are outweighed = by=20 proof by a preponderance of the evidence by the person seeking the = sealing of=20 the record that:
        (1) = a public=20 interest will be secured by sealing the=20 record;
        (2) = dissemination of=20 the information contained in the record will create a serious and = imminent=20 danger to that public=20 interest;
        (3) any = prejudicial=20 effect created by dissemination of the information cannot be avoided by = any=20 reasonable method other than sealing the=20 record;
        (4) there is = a=20 substantial probability that sealing the record will be effective in = protecting=20 the public interest against the perceived danger;=20 and
        (5) it is = reasonably=20 necessary for the record to remain sealed for a period of = time.
Sealed=20 records shall be unsealed at the earliest possible time after the = circumstances=20 necessitating the sealing of the records no longer exist.
As added = by=20 P.L.54-1985, SEC.4. Amended by P.L.68-1987, SEC.1.

IC 5-14-3-6
Partially disclosable = records;=20 computer or microfilm record systems; = fees
     Sec.=20 6. (a) If a public record contains disclosable and nondisclosable = information,=20 the public agency shall, upon receipt of a request under this chapter, = separate=20 the material that may be disclosed and make it available for inspection = and=20 copying.
    (b) If a public record stored on = computer=20 tape, computer disks, microfilm, or a similar or analogous record system = is made=20 available to:
        (1) a = person by=20 enhanced access under section 3.5 of this chapter;=20 or
        (2) a governmental = entity=20 by an electronic device;
the public agency may not make the record = available=20 for inspection without first separating the material in the manner = required by=20 subsection (a).
    (c) A public agency may = charge a=20 person who makes a request for disclosable information the agency's = direct cost=20 of reprogramming a computer system=20 if:
        (1) the = disclosable=20 information is stored on a computer tape, computer disc, or a similar or = analogous record system;=20 and
        (2) the public = agency is=20 required to reprogram the computer system to separate the disclosable=20 information from nondisclosable = information.
    (d) A=20 public agency is not required to reprogram a computer system to=20 provide:
        (1) enhanced = access;=20 or
        (2) access to a=20 governmental entity by an electronic device.
As added by = P.L.19-1983,=20 SEC.6. Amended by P.L.54-1985, SEC.5;=20

P.L.58-1993, SEC.5; P.L.77-1995, SEC.5.

IC 5-14-3-6.5
Confidentiality of = public=20 record
Sec. 6.5. A public agency that = receives a=20 confidential public record from another public agency shall maintain the = confidentiality of the public record.
As added by P.L.34-1984,=20 SEC.3.

IC 5-14-3-7
Protection against = loss,=20 alteration, destruction, and unauthorized enhanced=20 access
     Sec. 7. (a) A public agency shall = protect=20 public records from loss, alteration, mutilation, or destruction, and = regulate=20 any material interference with the regular discharge of the functions or = duties=20 of the public agency or public employees.
    (b) = A=20 public agency shall take precautions that protect the contents of public = records=20 from unauthorized enhanced access, unauthorized access by an electronic = device,=20 or alteration.
    (c) This section does not = operate to=20 deny to any person the rights secured by section 3 of this = chapter.
As=20 added by P.L.19-1983, SEC.6. Amended by P.L.58-1993, SEC.6.

IC 5-14-3-8
Fees;=20 copies
     Sec. 8. (a) For the purposes of = this=20 section, "state agency" has the meaning set forth in=20 IC 4-13-1-1.
    (b) Except as provided in = this=20 section, a public agency may not charge any fee under this=20 chapter:
        (1) to = inspect a=20 public record; or
        (2) = to=20 search for, examine, or review a record to determine whether the record = may be=20 disclosed.
    (c) The Indiana department of=20 administration shall establish a uniform copying fee for the copying of = one (1)=20 page of a standard-sized document by state agencies. The fee may not = exceed the=20 average cost of copying records by state agencies or ten cents ($0.10) = per page,=20 whichever is greater. A state agency may not collect more than the = uniform=20 copying fee for providing a copy of a public record. However, a state = agency=20 shall establish and collect a reasonable fee for copying = nonstandard-sized=20 documents.
    (d) This subsection applies to a = public=20 agency that is not a state agency. The fiscal body (as defined in=20 IC 36-1-2-6) of the public agency, or the governing body, if there = is no=20 fiscal body, shall establish a fee schedule for the certification or = copying of=20 documents. The fee for certification of documents may not exceed five = dollars=20 ($5) per document. The fee for copying documents may not exceed the = greater=20 of:
        (1) ten cents = ($0.10) per=20 page for copies that are not color copies or twenty-five cents ($0.25) = per page=20 for color copies; = or
        (2) the=20 actual cost to the agency of copying the document.=20

As used in this subsection, "actual cost" means the cost of paper and = the=20 per-page cost for use of copying or facsimile equipment and does not = include=20 labor costs or overhead costs. A fee established under this subsection = must be=20 uniform throughout the public agency and uniform to all=20 purchasers.
    (e)=20 If:
        (1) a person is = entitled=20 to a copy of a public record under this chapter;=20 and
        (2) the public = agency=20 which is in possession of the record has reasonable access to a machine = capable=20 of reproducing the public record;
the public agency must provide at = least one=20 (1) copy of the public record to the person. However, if a public agency = does=20 not have reasonable access to a machine capable of reproducing the = record or if=20 the person cannot reproduce the record by use of enhanced access under = section=20 3.5 of this chapter, the person is only entitled to inspect and manually = transcribe the record. A public agency may require that the payment for = copying=20 costs be made in advance.
    (f) Notwithstanding = subsection (b), (c), (d), (g), (h), or (i), a public agency shall = collect any=20 certification, copying, facsimile machine transmission, or search fee = that is=20 specified by statute or is ordered by a = court.
    (g)=20 Except as provided by subsection (h), for providing a duplicate of a = computer=20 tape, computer disc, microfilm, or similar or analogous record system = containing=20 information owned by the public agency or entrusted to it, a public = agency may=20 charge a fee, uniform to all purchasers, that does not exceed the sum of = the=20 following:
        (1) The = agency's=20 direct cost of supplying the information in that=20 form.
        (2) The = standard cost=20 for selling the same information to the public in the form of a = publication if=20 the agency has published the information and made the publication = available for=20 sale.
        (3) In the case = of the=20 legislative services agency, a reasonable percentage of the agency's = direct cost=20 of maintaining the system in which the information is stored. However, = the=20 amount charged by the legislative services agency under this subdivision = may not=20 exceed the sum of the amounts it may charge under subdivisions (1) and=20 (2).
    (h) This subsection applies to the fee = charged=20 by a public agency for providing enhanced access to a public record. A = public=20 agency may charge any reasonable fee agreed on in the contract under = section 3.5=20 of this chapter for providing enhanced access to public=20 records.
    (i) This subsection applies to the = fee=20 charged by a public agency for permitting a governmental entity to = inspect=20 public records by means of an electronic device. A public agency may = charge any=20 reasonable fee for the inspection of public records under this = subsection, or=20 the public agency may waive any fee for the=20 inspection.
    (j) Except as provided in = subsection (k),=20 a public agency may=20

charge a fee, uniform to all purchasers, for providing an electronic = map that=20 is based upon a reasonable percentage of the agency's direct cost of=20 maintaining, upgrading, and enhancing the electronic map and for the = direct cost=20 of supplying the electronic map in the form requested by the purchaser. = If the=20 public agency is within a political subdivision having a fiscal body, = the fee is=20 subject to the approval of the fiscal body of the political=20 subdivision.
    (k) The fee charged by a public = agency=20 under subsection (j) to cover costs for maintaining, upgrading, and = enhancing an=20 electronic map may be waived by the public agency if the electronic map = for=20 which the fee is charged will be used for a noncommercial purpose, = including the=20 following:
        (1) Public = agency=20 program support.
        (2)=20 Nonprofit = activities.
        (3)=20 Journalism.
        (4) = Academic=20 research.
As added by P.L.19-1983, SEC.6. Amended by P.L.54-1985, = SEC.6;=20 P.L.51-1986, SEC.2; P.L.58-1993, SEC.7; P.L.78-1995, SEC.1; = P.L.151-1999, SEC.1;=20 P.L.89-2001, SEC.1; P.L.215-2007, SEC.1; P.L.16-2008, SEC.1.

IC 5-14-3-8.3
Enhanced access = fund;=20 establishment by ordinance; purpose
     Sec. = 8.3.=20 (a) The fiscal body of a political subdivision having a public agency = that=20 charges a fee under section 8(h) or 8(i) of this chapter shall adopt an=20 ordinance establishing an enhanced access fund. The ordinance must = specify that=20 the fund consists of fees collected under section 8(h) or 8(i) of this = chapter.=20 The fund shall be administered by the public agency or officer = designated in the=20 ordinance or resolution. Money in the fund must be appropriated and = expended in=20 the manner authorized in the ordinance.
    (b) = The fund=20 is a dedicated fund with the following=20 purposes:
        (1) The=20 replacement, improvement, and expansion of capital=20 expenditures.
        (2) The = reimbursement of operating expenses incurred in providing enhanced = access to=20 public information.
As added by P.L.58-1993, SEC.8.

IC 5-14-3-8.5
Electronic map = generation=20 fund; establishment by ordinance; = purpose
     Sec.=20 8.5. (a) The fiscal body of a political subdivision having a public = agency that=20 charges a fee under section 8(j) of this chapter shall adopt an = ordinance=20 establishing an electronic map generation fund. The ordinance must = specify that=20 the fund consists of fees collected under section 8(j) of this chapter. = The fund=20 shall be administered by the public agency that collects the=20 fees.
    (b) The electronic map generation fund = is a=20 dedicated fund with the following=20 purposes:
        (1) The=20 maintenance, upgrading, and enhancement of the=20

electronic = map.
(2) The=20 reimbursement of expenses incurred by a public agency in supplying an = electronic=20 map in the form requested by a purchaser.
As added by P.L.58-1993, = SEC.9.

IC 5-14-3-9
Denial of disclosure; = action to=20 compel disclosure; intervenors; burden of proof; attorney's fees and=20 costs
     Sec. 9. (a) A denial of disclosure = by a=20 public agency occurs when the person making the request is physically = present in=20 the office of the agency, makes the request by telephone, or requests = enhanced=20 access to a document = and:
        (1)=20 the person designated by the public agency as being responsible for = public=20 records release decisions refuses to permit inspection and copying of a = public=20 record when a request has been made;=20 or
        (2) twenty-four = (24) hours=20 elapse after any employee of the public agency refuses to permit = inspection and=20 copying of a public record when a request has been made;
whichever = occurs=20 first.
    (b) If a person requests by mail or by = facsimile a copy or copies of a public record, a denial of disclosure = does not=20 occur until seven (7) days have elapsed from the date the public agency = receives=20 the request.
    (c) If a request is made orally, = either=20 in person or by telephone, a public agency may deny the request orally. = However,=20 if a request initially is made in writing, by facsimile, or through = enhanced=20 access, or if an oral request that has been denied is renewed in writing = or by=20 facsimile, a public agency may deny the request=20 if:
        (1) the denial is = in=20 writing or by facsimile;=20 and
        (2) the denial=20 includes:
          =   (A)=20 a statement of the specific exemption or exemptions authorizing the = withholding=20 of all or part of the public record;=20 and
           = (B)=20 the name and the title or position of the person responsible for the=20 denial.
    (d) This subsection applies to a = board, a=20 commission, a department, a division, a bureau, a committee, an agency, = an=20 office, an instrumentality, or an authority, by whatever name = designated,=20 exercising any part of the executive, administrative, judicial, or = legislative=20 power of the state. If an agency receives a request to inspect or copy a = record=20 that the agency considers to be excepted from disclosure under section = 4(b)(19)=20 of this chapter, the agency may consult with the counterterrorism and = security=20 council established by IC 10-19-8-1. If an agency denies the = disclosure of=20 a record or a part of a record under section 4(b)(19) of this chapter, = the=20 agency or the counterterrorism and security council shall provide a = general=20 description of the record being withheld and of how disclosure of the = record=20 would have a reasonable likelihood of=20

threatening the public safety.
    (e) A = person who=20 has been denied the right to inspect or copy a public record by a public = agency=20 may file an action in the circuit or superior court of the county in = which the=20 denial occurred to compel the public agency to permit the person to = inspect and=20 copy the public record. Whenever an action is filed under this = subsection, the=20 public agency must notify each person who supplied any part of the = public record=20 at issue:
        (1) that a = request=20 for release of the public record has been denied;=20 and
        (2) whether the = denial=20 was in compliance with an informal inquiry response or advisory opinion = of the=20 public access counselor.
Such persons are entitled to intervene in = any=20 litigation that results from the denial. The person who has been denied = the=20 right to inspect or copy need not allege or prove any special damage = different=20 from that suffered by the public at = large.
    (f) The=20 court shall determine the matter de novo, with the burden of proof on = the public=20 agency to sustain its denial. If the issue in de novo review under this = section=20 is whether a public agency properly denied access to a public record = because the=20 record is exempted under section 4(a) of this chapter, the public agency = meets=20 its burden of proof under this subsection by establishing the content of = the=20 record with adequate specificity and not by relying on a conclusory = statement or=20 affidavit.
    (g) If the issue in a de novo = review under=20 this section is whether a public agency properly denied access to a = public=20 record because the record is exempted under section 4(b) of this=20 chapter:
        (1) the = public=20 agency meets its burden of proof under this subsection=20 by:
           = (A)=20 proving that the record falls within any one (1) of the categories of = exempted=20 records under section 4(b) of this chapter;=20 and
           = (B)=20 establishing the content of the record with adequate specificity and not = by=20 relying on a conclusory statement or affidavit;=20 and
        (2) a person = requesting=20 access to a public record meets the person's burden of proof under this=20 subsection by proving that the denial of access is arbitrary or=20 capricious.
    (h) The court may review the = public=20 record in camera to determine whether any part of it may be withheld = under this=20 chapter. However, if the complaint alleges that a public agency denied=20 disclosure of a public record by redacting information in the public = record, the=20 court shall conduct an in camera inspection of the public record with = the=20 redacted information included.
    (i) In any = action=20 filed under this section, a court shall award reasonable attorney's = fees, court=20 costs, and other reasonable expenses of litigation to the prevailing = party=20 if:
        (1) the plaintiff = substantially prevails;=20 or
        (2) the defendant=20 substantially prevails and the court finds the=20

action was frivolous or vexatious.
The plaintiff is not eligible = for the=20 awarding of attorney's fees, court costs, and other reasonable expenses = if the=20 plaintiff filed the action without first seeking and receiving an = informal=20 inquiry response or advisory opinion from the public access counselor, = unless=20 the plaintiff can show the filing of the action was necessary because = the denial=20 of access to a public record under this chapter would prevent the = plaintiff from=20 presenting that public record to a public agency preparing to act on a = matter of=20 relevance to the public record whose disclosure was=20 denied.
(j) A court may assess a civil = penalty under=20 section 9.5 of this chapter only if the plaintiff obtained an advisory = opinion=20 from the public access counselor before filing an action under this = section as=20 set forth in section 9.5 of this chapter.
(k) = A court=20 shall expedite the hearing of an action filed under this = section.
As added=20 by P.L.19-1983, SEC.6. Amended by P.L.54-1985, SEC.7; P.L.50-1986, = SEC.3;=20 P.L.68-1987, SEC.2; P.L.58-1993, SEC.10; P.L.19-1997, SEC.4; = P.L.70-1999, SEC.2=20 and P.L.191-1999, SEC.2; P.L.173-2003, SEC.6 and P.L.261-2003, SEC.8;=20 P.L.22-2005, SEC.2; P.L.134-2012, SEC.19.

IC 5-14-3-9.5
Civil penalties = imposed on=20 public agency, officer, or management level=20 employee
     Sec. 9.5. (a) This section does = not=20 apply to any matter=20 regarding:
        (1) the = work=20 product of the legislative services agency under personnel rules = approved by the=20 legislative council; = or
        (2)=20 the work product of individual members and the partisan staffs of the = general=20 assembly.
    (b) As used in subsections (c) = through (k),=20 "individual" = means:
        (1) an=20 officer of a public agency;=20 or
        (2) an individual = employed=20 in a management level position with a public=20 agency.
    (c) If an=20 individual:
        (1) = continues to=20 deny a request that complies with section 3(b) of this chapter for = inspection or=20 copying of a public record after the public access counselor has issued = an=20 advisory=20 opinion:
          &= nbsp; (A)=20 regarding the request for inspection or copying of the public record;=20 and
           = (B)=20 that instructs the public agency to allow access to the public record;=20 and
        (2) denies the = request=20 with the specific intent to unlawfully withhold a public record that is = subject=20 to disclosure under this chapter;
the individual and the public = agency=20 employing the individual are subject to a civil penalty under subsection = (h).
    (d) If an individual intentionally = charges a=20 copying fee that the individual knows exceeds the amount set by statute, = fee=20 schedule, ordinance, or court order, the individual is subject to a = civil=20 penalty=20

under subsection (h).
    (e) A civil penalty = may only=20 be imposed as part of an action filed under section 9 of this chapter. A = court=20 may not impose a civil penalty under this section unless the public = access=20 counselor has issued an advisory=20 opinion:
        (1) to the=20 complainant and the public=20 agency;
        (2) that = instructs=20 the public agency to allow access to the public record;=20 and
        (3) before the = action=20 under section 9 of this chapter is filed.
Nothing in this section = prevents=20 both the person requesting the public record and the public agency from=20 requesting an advisory opinion from the public access=20 counselor.
    (f) It is a defense to the = imposition of a=20 civil penalty under this section that the individual denied access to a = public=20 record in reliance on either of the=20 following:
        (1) An = opinion of=20 the public agency's legal=20 counsel.
        (2) An = opinion of=20 the attorney general.
    (g) A court may impose = a civil=20 penalty for a violation under subsection (c) against one (1) or more of = the=20 following:
        (1) The = individual=20 named as a defendant in the=20 action.
        (2) The = public agency=20 named as a defendant in the action.
    (h) In an = action=20 under this section, a court may impose the following civil=20 penalties:
        (1) Not = more than=20 one hundred dollars ($100) for the first=20 violation.
        (2) Not = more than=20 five hundred dollars ($500) for each additional violation.
A civil = penalty=20 imposed under this section is in addition to any other civil or criminal = penalty=20 imposed. However, in any one (1) action brought under this section, a = court may=20 impose only one (1) civil penalty against an individual, even if the = court finds=20 that the individual committed multiple violations. This subsection does = not=20 preclude a court from imposing another civil penalty against an = individual in a=20 separate action, but an individual may not be assessed more than one (1) = civil=20 penalty in any one (1) action brought under this=20 section.
    (i) A court shall distribute monthly = to the=20 auditor of state any penalties collected under this section for deposit = in the=20 education fund established by = IC 5-14-4-14.
    (j)=20 An individual is personally liable for a civil penalty imposed on the = individual=20 under this section. A civil penalty imposed against a public agency = under this=20 section shall be paid from the public agency's=20 budget.
    (k) If an officer of a public agency = directs=20 an individual who is employed in a management level position to deny a = request=20 as described in subsection (c)(1), the management level employee is not = subject=20 to civil penalties under subsection (h).
As added by P.L.134-2012, = SEC.20.

IC 5-14-3-10=20

Classified confidential information; unauthorized disclosure or = failure to=20 protect; offense; discipline
     Sec. 10. = (a) A=20 public employee, a public official, or an employee or officer of a = contractor or=20 subcontractor of a public agency, except as provided by IC 4-15-10, = who=20 knowingly or intentionally discloses information classified as = confidential by=20 state statute, including information declared confidential=20 under:
        (1) section = 4(a) of=20 this chapter; or
        (2) = section=20 4(b) of this chapter if the public agency having control of the = information=20 declares it to be confidential;
commits a Class A=20 infraction.
    (b) A public employee may be = disciplined=20 in accordance with the personnel policies of the agency by which the = employee is=20 employed if the employee intentionally, knowingly, or recklessly = discloses or=20 fails to protect information classified as confidential by state=20 statute.
    (c) A public employee, a public = official, or=20 an employee or officer of a contractor or subcontractor of a public = agency who=20 unintentionally and unknowingly discloses confidential or erroneous = information=20 in response to a request under IC 5-14-3-3(d) or who discloses = confidential=20 information in reliance on an advisory opinion by the public access = counselor is=20 immune from liability for such a = disclosure.
    (d) This=20 section does not apply to any provision incorporated into state law from = a=20 federal statute.
As added by P.L.17-1984, SEC.2. Amended by = P.L.54-1985,=20 SEC.8; P.L.68-1987, SEC.3; P.L.77-1995, SEC.6; P.L.70-1999, SEC.3 and=20 P.L.191-1999, SEC.3; P.L.126-2012, SEC.24.