Bill Text: IN SB0125 | 2011 | Regular Session | Introduced
Bill Title: Public records and public meetings.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-01-11 - Senator Grooms added as coauthor [SB0125 Detail]
Download: Indiana-2011-SB0125-Introduced.html
Citations Affected: IC 5-14.
Synopsis: Public records and public meetings. Provides that an officer
or management level employee of a public agency who knowingly or
intentionally: (1) violates the open door law; or (2) denies or interferes
with a person's request for inspection or copying of a public record or
charges a copying fee that exceeds the amount permitted by law;
commits a Class C infraction and is personally liable for the judgment
and costs. Prohibits a public agency from charging a fee for a public
record transmitted by electronic mail except for a fee charged: (1) for
reprogramming a computer system if required to separate the
disclosable information from nondisclosable information; or (2) for
providing an electronic map.
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Rules and Legislative
Procedure.
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A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
(b) Except as provided in this section, a public agency may not charge any fee under this chapter for the following:
(1) To inspect a public record.
(2) To search for, examine, or review a record to determine whether the record may be disclosed.
(3) A public record transmitted by electronic mail. This subdivision does not apply to an electronic record for which
a public agency may charge a fee under subsection (j) or
section 6(c) of this chapter.
(c) The Indiana department of administration shall establish a
uniform copying fee for the copying of one (1) page of a standard-sized
document by state agencies. The fee may not exceed the average cost
of copying records by state agencies or ten cents ($0.10) per page,
whichever is greater. A state agency may not collect more than the
uniform copying fee for providing a copy of a public record. However,
a state agency shall establish and collect a reasonable fee for copying
nonstandard-sized documents.
(d) This subsection applies to a public agency that is not a state
agency. The fiscal body (as defined in IC 36-1-2-6) of the public
agency, or the governing body, if there is no fiscal body, shall establish
a fee schedule for the certification or copying of documents. The fee for
certification of documents may not exceed five dollars ($5) per
document. The fee for copying documents may not exceed the greater
of:
(1) ten cents ($0.10) per page for copies that are not color copies
or twenty-five cents ($0.25) per page for color copies; or
(2) the actual cost to the agency of copying the document.
As used in this subsection, "actual cost" means the cost of paper and
the per-page cost for use of copying or facsimile equipment and does
not include labor costs or overhead costs. A fee established under this
subsection must be uniform throughout the public agency and uniform
to all purchasers.
(e) If:
(1) a person is entitled to a copy of a public record under this
chapter; and
(2) the public agency which is in possession of the record has
reasonable access to a machine capable of reproducing the public
record;
the public agency must provide at least one (1) copy of the public
record to the person. However, if a public agency does not have
reasonable access to a machine capable of reproducing the record or if
the person cannot reproduce the record by use of enhanced access
under section 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 costs be made in advance.
(f) Notwithstanding subsection (b), (c), (d), (g), (h), or (i), a public
agency shall collect any certification, copying, facsimile machine
transmission, or search fee that is specified by statute or is ordered by
a court.
(g) This subsection does not apply to a public record delivered by electronic mail. Except as provided by subsection (h), for providing a duplicate of a computer tape, computer disc, microfilm, or similar or analogous record system containing information owned by the public agency or entrusted to it, a public agency may charge a fee, uniform to all purchasers, that does not exceed the sum of the following:
(1) The agency's direct cost of supplying the information in that form.
(2) The standard cost for selling the same information to the public in the form of a publication if the agency has published the information and made the publication available for sale.
(3) In the case of the legislative services agency, a reasonable percentage of the agency's direct cost of maintaining the system in which the information is stored. However, the amount charged by the legislative services agency under this subdivision may not exceed the sum of the amounts it may charge under subdivisions (1) and (2).
(h) This subsection applies to the fee charged by a public agency for providing enhanced access to a public record. A public agency may charge any reasonable fee agreed on in the contract under section 3.5 of this chapter for providing enhanced access to public records.
(i) This subsection applies to the fee charged by a public agency for permitting a governmental entity to inspect public records by means of an electronic device. A public agency may charge any reasonable fee for the inspection of public records under this subsection, or the public agency may waive any fee for the inspection.
(j) Except as provided in subsection (k), a public agency may charge a fee, uniform to all purchasers, for providing an electronic map that is based upon a reasonable percentage of the agency's direct cost of maintaining, upgrading, and enhancing the electronic map and for the direct cost of supplying the electronic map in the form requested by the purchaser. If the public agency is within a political subdivision having a fiscal body, the fee is subject to the approval of the fiscal body of the political subdivision.
(k) The fee charged by a public agency under subsection (j) to cover costs for maintaining, upgrading, and enhancing an electronic map may be waived by the public agency if the electronic map for which the fee is charged will be used for a noncommercial purpose, including the following:
(1) Public agency program support.
(2) Nonprofit activities.
(3) Journalism.
(4) Academic research.
(1) denies or interferes with a person's request for inspection or copying of a public record; or
(2) charges a copying fee that exceeds the amount permitted by this chapter;
commits a Class C infraction and is personally liable for the judgment and costs.
