Bill Text: IN SB0294 | 2012 | Regular Session | Introduced
Bill Title: Public records and public meetings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-05 - First reading: referred to Committee on Local Government [SB0294 Detail]
Download: Indiana-2012-SB0294-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 violates the open door law by: (1) taking final action
outside a regular meeting or special meeting; (2) participating in a
secret ballot during a meeting; (3) discussing in an executive session
subjects that are not eligible for an executive session; or (4)
participating in at least one meeting of a series of meetings prohibited
by law; commits a Class C infraction and is personally liable for the
judgment and costs. Provides that an officer or management level
employee of a public agency who intentionally denies a request for a
public record that the officer or management level employee knows or
reasonably should know is subject to disclosure under the open records
act commits a Class C infraction and is personally liable for the
judgment and costs. Provides that an officer or management level
employee of a public agency who intentionally charges an excessive
copying fee 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: (1) fee
charged for reprogramming a computer system if the reprogramming
is required to separate disclosable information from nondisclosable
information; (2) certification or search fee set by statute or ordered by
a court; or (3) fee charged for providing an electronic map.
Effective: July 1, 2012.
January 5, 2012, read first time and referred to Committee on Local Government.
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(1) an officer of a public agency; or
(2) a management level employee of a public agency.
(b) If an individual knowingly or intentionally fails to perform a duty imposed on the individual under this chapter by:
(1) taking final action outside a regular meeting or special meeting;
(2) participating in a secret ballot during a meeting;
(3) discussing in an executive session subjects that are not eligible for an executive session; or
(4) participating in at least one (1) gathering of a series of gatherings under section 3.1 of this chapter;
the individual commits a Class C infraction and is personally liable for the judgment and costs.
(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) An electronic copy of a public record transmitted by electronic mail. However, a public agency may charge a fee for a public record transmitted by electronic mail if the fee for the public record is authorized under:
(A) subsection (f) or (j); or
(B) 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) (b)(1), (b)(2), (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. Notwithstanding subsection (b)(3), a public
agency shall collect any certification or search fee that is specified
by statute or is ordered by a court.
(g) 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) an officer of a public agency; or
(2) a management level employee of a public agency.
(b) If an individual:
(1) denies a request complying with section 3(a) of this chapter for inspection or copying of a public record; and
(2) knows or reasonably should know that the public record is subject to disclosure under this chapter;
the individual commits a Class C infraction and is personally liable for the judgment and costs.
(c) If an individual charges a copying fee that the individual knows or reasonably should know exceeds the amount set by statute, fee schedule, ordinance, or court order, the individual commits a Class C infraction and is personally liable for the judgment and costs.
