1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1421 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 5-2-6.1; IC 5-14-3-4. |
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7 | 7 | | Synopsis: Victims assistance fund. Provides that certain records |
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8 | 8 | | obtained by the Indiana criminal justice institute during an |
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9 | 9 | | investigation into a claim for compensation from the violent crime |
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10 | 10 | | victims compensation fund are confidential. Increases the amount a |
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11 | 11 | | claimant may be awarded from the violent crime victims compensation |
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12 | 12 | | fund from $15,000 to $25,000. |
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13 | 13 | | Effective: July 1, 2024. |
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14 | 14 | | Fleming, Hamilton, Errington |
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15 | 15 | | January 16, 2024, read first time and referred to Committee on Courts and Criminal Code. |
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16 | 16 | | 2024 IN 1421—LS 6625/DI 149 Introduced |
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17 | 17 | | Second Regular Session of the 123rd General Assembly (2024) |
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18 | 18 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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19 | 19 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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20 | 20 | | additions will appear in this style type, and deletions will appear in this style type. |
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21 | 21 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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22 | 22 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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23 | 23 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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24 | 24 | | a new provision to the Indiana Code or the Indiana Constitution. |
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25 | 25 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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26 | 26 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
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27 | 27 | | HOUSE BILL No. 1421 |
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28 | 28 | | A BILL FOR AN ACT to amend the Indiana Code concerning state |
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29 | 29 | | and local administration. |
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30 | 30 | | Be it enacted by the General Assembly of the State of Indiana: |
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31 | 31 | | 1 SECTION 1. IC 5-2-6.1-11.5, AS AMENDED BY P.L.198-2016, |
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32 | 32 | | 2 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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33 | 33 | | 3 JULY 1, 2024]: Sec. 11.5. A claimant's: The following are |
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34 | 34 | | 4 confidential: |
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35 | 35 | | 5 (1) A claimant's: |
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36 | 36 | | 6 (A) personal information (as defined in IC 9-14-6-6); and |
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37 | 37 | | 7 (2) (B) medical records. |
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38 | 38 | | 8 (2) Records obtained during an investigation under section 26 |
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39 | 39 | | 9 of this chapter that are not publically available. |
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40 | 40 | | 10 are confidential. |
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41 | 41 | | 11 SECTION 2. IC 5-2-6.1-35, AS AMENDED BY P.L.121-2006, |
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42 | 42 | | 12 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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43 | 43 | | 13 JULY 1, 2024]: Sec. 35. (a) An award to a claimant under this chapter: |
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44 | 44 | | 14 (1) may not exceed fifteen twenty-five thousand dollars |
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45 | 45 | | 15 ($15,000); ($25,000); and |
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46 | 46 | | 16 (2) may not cover the first one hundred dollars ($100) of the |
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47 | 47 | | 17 claim. |
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48 | 48 | | 2024 IN 1421—LS 6625/DI 149 2 |
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49 | 49 | | 1 (b) The part of an award covering an unpaid bill shall be made |
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50 | 50 | | 2 payable to the service provider. |
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51 | 51 | | 3 SECTION 3. IC 5-14-3-4, AS AMENDED BY P.L.86-2022, |
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52 | 52 | | 4 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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53 | 53 | | 5 JULY 1, 2024]: Sec. 4. (a) The following public records are excepted |
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54 | 54 | | 6 from section 3 of this chapter and may not be disclosed by a public |
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55 | 55 | | 7 agency, unless access to the records is specifically required by a state |
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56 | 56 | | 8 or federal statute or is ordered by a court under the rules of discovery: |
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57 | 57 | | 9 (1) Those declared confidential by state statute. |
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58 | 58 | | 10 (2) Those declared confidential by rule adopted by a public |
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59 | 59 | | 11 agency under specific authority to classify public records as |
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60 | 60 | | 12 confidential granted to the public agency by statute. |
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61 | 61 | | 13 (3) Those required to be kept confidential by federal law. |
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62 | 62 | | 14 (4) Records containing trade secrets. |
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63 | 63 | | 15 (5) Confidential financial information obtained, upon request, |
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64 | 64 | | 16 from a person. However, this does not include information that is |
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65 | 65 | | 17 filed with or received by a public agency pursuant to state statute. |
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66 | 66 | | 18 (6) Information concerning research, including actual research |
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67 | 67 | | 19 documents, conducted under the auspices of a state educational |
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68 | 68 | | 20 institution, including information: |
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69 | 69 | | 21 (A) concerning any negotiations made with respect to the |
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70 | 70 | | 22 research; and |
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71 | 71 | | 23 (B) received from another party involved in the research. |
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72 | 72 | | 24 (7) Grade transcripts and license examination scores obtained as |
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73 | 73 | | 25 part of a licensure process. |
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74 | 74 | | 26 (8) Those declared confidential by or under rules adopted by the |
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75 | 75 | | 27 supreme court of Indiana. |
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76 | 76 | | 28 (9) Patient medical records and charts created by a provider, |
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77 | 77 | | 29 unless the patient gives written consent under IC 16-39 or as |
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78 | 78 | | 30 provided under IC 16-41-8. |
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79 | 79 | | 31 (10) Application information declared confidential by the Indiana |
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80 | 80 | | 32 economic development corporation under IC 5-28. |
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81 | 81 | | 33 (11) A photograph, a video recording, or an audio recording of an |
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82 | 82 | | 34 autopsy, except as provided in IC 36-2-14-10. |
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83 | 83 | | 35 (12) A Social Security number contained in the records of a |
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84 | 84 | | 36 public agency. |
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85 | 85 | | 37 (13) The following information that is part of a foreclosure action |
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86 | 86 | | 38 subject to IC 32-30-10.5: |
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87 | 87 | | 39 (A) Contact information for a debtor, as described in |
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88 | 88 | | 40 IC 32-30-10.5-8(d)(1)(B). |
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89 | 89 | | 41 (B) Any document submitted to the court as part of the debtor's |
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90 | 90 | | 42 loss mitigation package under IC 32-30-10.5-10(a)(3). |
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91 | 91 | | 2024 IN 1421—LS 6625/DI 149 3 |
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92 | 92 | | 1 (14) The following information obtained from a call made to a |
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93 | 93 | | 2 fraud hotline established under IC 36-1-8-8.5: |
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94 | 94 | | 3 (A) The identity of any individual who makes a call to the |
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95 | 95 | | 4 fraud hotline. |
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96 | 96 | | 5 (B) A report, transcript, audio recording, or other information |
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97 | 97 | | 6 concerning a call to the fraud hotline. |
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98 | 98 | | 7 However, records described in this subdivision may be disclosed |
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99 | 99 | | 8 to a law enforcement agency, a private university police |
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100 | 100 | | 9 department, the attorney general, the inspector general, the state |
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101 | 101 | | 10 examiner, or a prosecuting attorney. |
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102 | 102 | | 11 (15) Information described in section 5(c)(3)(B) of this chapter |
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103 | 103 | | 12 that is contained in a daily log or record described in section 5(c) |
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104 | 104 | | 13 of this chapter for a victim of a crime or delinquent act who is less |
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105 | 105 | | 14 than eighteen (18) years of age, unless and to the extent that: |
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106 | 106 | | 15 (A) a parent, guardian, or custodian of the victim consents in |
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107 | 107 | | 16 writing to public disclosure of the records; and |
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108 | 108 | | 17 (B) that parent, guardian, or custodian of the victim has not |
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109 | 109 | | 18 been charged with or convicted of committing a crime against |
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110 | 110 | | 19 the victim. |
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111 | 111 | | 20 However, records described in this subdivision may be disclosed |
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112 | 112 | | 21 to the department of child services. |
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113 | 113 | | 22 (b) Except as otherwise provided by subsection (a), the following |
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114 | 114 | | 23 public records shall be excepted from section 3 of this chapter at the |
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115 | 115 | | 24 discretion of a public agency: |
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116 | 116 | | 25 (1) Investigatory records of law enforcement agencies or private |
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117 | 117 | | 26 university police departments. For purposes of this chapter, a law |
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118 | 118 | | 27 enforcement recording is not an investigatory record. However, |
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119 | 119 | | 28 information described in subsection (a)(15) contained in a law |
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120 | 120 | | 29 enforcement recording is exempt from disclosure, unless and to |
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121 | 121 | | 30 the extent that a parent, guardian, or custodian of the victim |
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122 | 122 | | 31 consents in writing to public disclosure of the records. However, |
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123 | 123 | | 32 a parent, guardian, or custodian charged with or convicted of a |
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124 | 124 | | 33 crime against the victim may not consent to public disclosure of |
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125 | 125 | | 34 the records. Law enforcement agencies or private university |
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126 | 126 | | 35 police departments may share investigatory records with: a: |
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127 | 127 | | 36 (A) a person who advocates on behalf of a crime victim, |
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128 | 128 | | 37 including a victim advocate (as defined in IC 35-37-6-3.5) or |
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129 | 129 | | 38 a victim service provider (as defined in IC 35-37-6-5), for the |
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130 | 130 | | 39 purposes of providing services to a victim or describing |
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131 | 131 | | 40 services that may be available to a victim; and |
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132 | 132 | | 41 (B) a school corporation (as defined by IC 20-18-2-16(a)), |
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133 | 133 | | 42 charter school (as defined by IC 20-24-1-4), or nonpublic |
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134 | 134 | | 2024 IN 1421—LS 6625/DI 149 4 |
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135 | 135 | | 1 school (as defined by IC 20-18-2-12) for the purpose of |
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136 | 136 | | 2 enhancing the safety or security of a student or a school |
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137 | 137 | | 3 facility; and |
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138 | 138 | | 4 (C) the victim services division of the Indiana criminal |
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139 | 139 | | 5 justice institute under IC 5-2-6-8, for the purposes of |
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140 | 140 | | 6 conducting an investigation under IC 5-2-6.1-26; |
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141 | 141 | | 7 without the law enforcement agency or private university police |
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142 | 142 | | 8 department losing its discretion to keep those records confidential |
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143 | 143 | | 9 from other records requesters. However, certain law enforcement |
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144 | 144 | | 10 records must be made available for inspection and copying as |
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145 | 145 | | 11 provided in section 5 of this chapter. |
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146 | 146 | | 12 (2) The work product of an attorney representing, pursuant to |
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147 | 147 | | 13 state employment or an appointment by a public agency: |
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148 | 148 | | 14 (A) a public agency; |
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149 | 149 | | 15 (B) the state; or |
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150 | 150 | | 16 (C) an individual. |
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151 | 151 | | 17 (3) Test questions, scoring keys, and other examination data used |
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152 | 152 | | 18 in administering a licensing examination, examination for |
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153 | 153 | | 19 employment, or academic examination before the examination is |
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154 | 154 | | 20 given or if it is to be given again. |
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155 | 155 | | 21 (4) Scores of tests if the person is identified by name and has not |
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156 | 156 | | 22 consented to the release of the person's scores. |
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157 | 157 | | 23 (5) The following: |
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158 | 158 | | 24 (A) Records relating to negotiations between: |
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159 | 159 | | 25 (i) the Indiana economic development corporation; |
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160 | 160 | | 26 (ii) the ports of Indiana; |
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161 | 161 | | 27 (iii) the Indiana state department of agriculture; |
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162 | 162 | | 28 (iv) the Indiana finance authority; |
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163 | 163 | | 29 (v) an economic development commission; |
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164 | 164 | | 30 (vi) the Indiana White River state park development |
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165 | 165 | | 31 commission; |
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166 | 166 | | 32 (vii) a local economic development organization that is a |
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167 | 167 | | 33 nonprofit corporation established under state law whose |
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168 | 168 | | 34 primary purpose is the promotion of industrial or business |
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169 | 169 | | 35 development in Indiana, the retention or expansion of |
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170 | 170 | | 36 Indiana businesses, or the development of entrepreneurial |
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171 | 171 | | 37 activities in Indiana; or |
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172 | 172 | | 38 (viii) a governing body of a political subdivision; |
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173 | 173 | | 39 with industrial, research, or commercial prospects, if the |
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174 | 174 | | 40 records are created while negotiations are in progress. |
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175 | 175 | | 41 However, this clause does not apply to records regarding |
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176 | 176 | | 42 research that is prohibited under IC 16-34.5-1-2 or any other |
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177 | 177 | | 2024 IN 1421—LS 6625/DI 149 5 |
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178 | 178 | | 1 law. |
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179 | 179 | | 2 (B) Notwithstanding clause (A), the terms of the final offer of |
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180 | 180 | | 3 public financial resources communicated by the Indiana |
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181 | 181 | | 4 economic development corporation, the ports of Indiana, the |
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182 | 182 | | 5 Indiana finance authority, an economic development |
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183 | 183 | | 6 commission, the Indiana White River state park development |
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184 | 184 | | 7 commission, or a governing body of a political subdivision to |
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185 | 185 | | 8 an industrial, a research, or a commercial prospect shall be |
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186 | 186 | | 9 available for inspection and copying under section 3 of this |
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187 | 187 | | 10 chapter after negotiations with that prospect have terminated. |
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188 | 188 | | 11 (C) When disclosing a final offer under clause (B), the Indiana |
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189 | 189 | | 12 economic development corporation shall certify that the |
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190 | 190 | | 13 information being disclosed accurately and completely |
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191 | 191 | | 14 represents the terms of the final offer. |
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192 | 192 | | 15 (D) Notwithstanding clause (A), an incentive agreement with |
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193 | 193 | | 16 an incentive recipient shall be available for inspection and |
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194 | 194 | | 17 copying under section 3 of this chapter after the date the |
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195 | 195 | | 18 incentive recipient and the Indiana economic development |
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196 | 196 | | 19 corporation execute the incentive agreement regardless of |
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197 | 197 | | 20 whether negotiations are in progress with the recipient after |
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198 | 198 | | 21 that date regarding a modification or extension of the incentive |
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199 | 199 | | 22 agreement. |
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200 | 200 | | 23 (6) Records that are intra-agency or interagency advisory or |
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201 | 201 | | 24 deliberative material, including material developed by a private |
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202 | 202 | | 25 contractor under a contract with a public agency, that are |
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203 | 203 | | 26 expressions of opinion or are of a speculative nature, and that are |
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204 | 204 | | 27 communicated for the purpose of decision making. |
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205 | 205 | | 28 (7) Diaries, journals, or other personal notes serving as the |
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206 | 206 | | 29 functional equivalent of a diary or journal. |
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207 | 207 | | 30 (8) Personnel files of public employees and files of applicants for |
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208 | 208 | | 31 public employment, except for: |
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209 | 209 | | 32 (A) the name, compensation, job title, business address, |
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210 | 210 | | 33 business telephone number, job description, education and |
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211 | 211 | | 34 training background, previous work experience, or dates of |
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212 | 212 | | 35 first and last employment of present or former officers or |
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213 | 213 | | 36 employees of the agency; |
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214 | 214 | | 37 (B) information relating to the status of any formal charges |
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215 | 215 | | 38 against the employee; and |
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216 | 216 | | 39 (C) the factual basis for a disciplinary action in which final |
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217 | 217 | | 40 action has been taken and that resulted in the employee being |
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218 | 218 | | 41 suspended, demoted, or discharged. |
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219 | 219 | | 42 However, all personnel file information shall be made available |
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220 | 220 | | 2024 IN 1421—LS 6625/DI 149 6 |
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221 | 221 | | 1 to the affected employee or the employee's representative. This |
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222 | 222 | | 2 subdivision does not apply to disclosure of personnel information |
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223 | 223 | | 3 generally on all employees or for groups of employees without the |
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224 | 224 | | 4 request being particularized by employee name. |
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225 | 225 | | 5 (9) Minutes or records of hospital medical staff meetings. |
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226 | 226 | | 6 (10) Administrative or technical information that would |
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227 | 227 | | 7 jeopardize a record keeping system, voting system, voter |
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228 | 228 | | 8 registration system, or security system. |
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229 | 229 | | 9 (11) Computer programs, computer codes, computer filing |
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230 | 230 | | 10 systems, and other software that are owned by the public agency |
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231 | 231 | | 11 or entrusted to it and portions of electronic maps entrusted to a |
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232 | 232 | | 12 public agency by a utility. |
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233 | 233 | | 13 (12) Records specifically prepared for discussion or developed |
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234 | 234 | | 14 during discussion in an executive session under IC 5-14-1.5-6.1. |
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235 | 235 | | 15 However, this subdivision does not apply to that information |
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236 | 236 | | 16 required to be available for inspection and copying under |
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237 | 237 | | 17 subdivision (8). |
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238 | 238 | | 18 (13) The work product of the legislative services agency under |
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239 | 239 | | 19 personnel rules approved by the legislative council. |
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240 | 240 | | 20 (14) The work product of individual members and the partisan |
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241 | 241 | | 21 staffs of the general assembly. |
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242 | 242 | | 22 (15) The identity of a donor of a gift made to a public agency if: |
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243 | 243 | | 23 (A) the donor requires nondisclosure of the donor's identity as |
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244 | 244 | | 24 a condition of making the gift; or |
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245 | 245 | | 25 (B) after the gift is made, the donor or a member of the donor's |
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246 | 246 | | 26 family requests nondisclosure. |
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247 | 247 | | 27 (16) Library or archival records: |
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248 | 248 | | 28 (A) which can be used to identify any library patron; or |
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249 | 249 | | 29 (B) deposited with or acquired by a library upon a condition |
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250 | 250 | | 30 that the records be disclosed only: |
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251 | 251 | | 31 (i) to qualified researchers; |
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252 | 252 | | 32 (ii) after the passing of a period of years that is specified in |
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253 | 253 | | 33 the documents under which the deposit or acquisition is |
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254 | 254 | | 34 made; or |
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255 | 255 | | 35 (iii) after the death of persons specified at the time of the |
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256 | 256 | | 36 acquisition or deposit. |
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257 | 257 | | 37 However, nothing in this subdivision shall limit or affect contracts |
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258 | 258 | | 38 entered into by the Indiana state library pursuant to IC 4-1-6-8. |
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259 | 259 | | 39 (17) The identity of any person who contacts the bureau of motor |
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260 | 260 | | 40 vehicles concerning the ability of a driver to operate a motor |
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261 | 261 | | 41 vehicle safely and the medical records and evaluations made by |
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262 | 262 | | 42 the bureau of motor vehicles staff or members of the driver |
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263 | 263 | | 2024 IN 1421—LS 6625/DI 149 7 |
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264 | 264 | | 1 licensing medical advisory board regarding the ability of a driver |
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265 | 265 | | 2 to operate a motor vehicle safely. However, upon written request |
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266 | 266 | | 3 to the commissioner of the bureau of motor vehicles, the driver |
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267 | 267 | | 4 must be given copies of the driver's medical records and |
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268 | 268 | | 5 evaluations. |
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269 | 269 | | 6 (18) School safety and security measures, plans, and systems, |
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270 | 270 | | 7 including emergency preparedness plans developed under 511 |
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271 | 271 | | 8 IAC 6.1-2-2.5. |
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272 | 272 | | 9 (19) A record or a part of a record, the public disclosure of which |
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273 | 273 | | 10 would have a reasonable likelihood of threatening public safety |
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274 | 274 | | 11 by exposing a vulnerability to terrorist attack. A record described |
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275 | 275 | | 12 under this subdivision includes the following: |
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276 | 276 | | 13 (A) A record assembled, prepared, or maintained to prevent, |
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277 | 277 | | 14 mitigate, or respond to an act of terrorism under IC 35-47-12-1 |
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278 | 278 | | 15 (before its repeal), an act of agricultural terrorism under |
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279 | 279 | | 16 IC 35-47-12-2 (before its repeal), or a felony terrorist offense |
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280 | 280 | | 17 (as defined in IC 35-50-2-18). |
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281 | 281 | | 18 (B) Vulnerability assessments. |
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282 | 282 | | 19 (C) Risk planning documents. |
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283 | 283 | | 20 (D) Needs assessments. |
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284 | 284 | | 21 (E) Threat assessments. |
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285 | 285 | | 22 (F) Intelligence assessments. |
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286 | 286 | | 23 (G) Domestic preparedness strategies. |
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287 | 287 | | 24 (H) The location of community drinking water wells and |
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288 | 288 | | 25 surface water intakes. |
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289 | 289 | | 26 (I) The emergency contact information of emergency |
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290 | 290 | | 27 responders and volunteers. |
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291 | 291 | | 28 (J) Infrastructure records that disclose the configuration of |
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292 | 292 | | 29 critical systems such as voting system and voter registration |
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293 | 293 | | 30 system critical infrastructure, and communication, electrical, |
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294 | 294 | | 31 ventilation, water, and wastewater systems. |
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295 | 295 | | 32 (K) Detailed drawings or specifications of structural elements, |
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296 | 296 | | 33 floor plans, and operating, utility, or security systems, whether |
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297 | 297 | | 34 in paper or electronic form, of any building or facility located |
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298 | 298 | | 35 on an airport (as defined in IC 8-21-1-1) that is owned, |
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299 | 299 | | 36 occupied, leased, or maintained by a public agency, or any part |
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300 | 300 | | 37 of a law enforcement recording that captures information |
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301 | 301 | | 38 about airport security procedures, areas, or systems. A record |
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302 | 302 | | 39 described in this clause may not be released for public |
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303 | 303 | | 40 inspection by any public agency without the prior approval of |
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304 | 304 | | 41 the public agency that owns, occupies, leases, or maintains the |
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305 | 305 | | 42 airport. Both of the following apply to the public agency that |
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306 | 306 | | 2024 IN 1421—LS 6625/DI 149 8 |
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307 | 307 | | 1 owns, occupies, leases, or maintains the airport: |
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308 | 308 | | 2 (i) The public agency is responsible for determining whether |
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309 | 309 | | 3 the public disclosure of a record or a part of a record, |
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310 | 310 | | 4 including a law enforcement recording, has a reasonable |
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311 | 311 | | 5 likelihood of threatening public safety by exposing a |
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312 | 312 | | 6 security procedure, area, system, or vulnerability to terrorist |
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313 | 313 | | 7 attack. |
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314 | 314 | | 8 (ii) The public agency must identify a record described |
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315 | 315 | | 9 under item (i) and clearly mark the record as "confidential |
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316 | 316 | | 10 and not subject to public disclosure under |
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317 | 317 | | 11 IC 5-14-3-4(b)(19)(J) without approval of (insert name of |
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318 | 318 | | 12 submitting public agency)". However, in the case of a law |
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319 | 319 | | 13 enforcement recording, the public agency must clearly mark |
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320 | 320 | | 14 the record as "confidential and not subject to public |
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321 | 321 | | 15 disclosure under IC 5-14-3-4(b)(19)(K) without approval of |
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322 | 322 | | 16 (insert name of the public agency that owns, occupies, |
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323 | 323 | | 17 leases, or maintains the airport)". |
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324 | 324 | | 18 (L) The home address, home telephone number, and |
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325 | 325 | | 19 emergency contact information for any: |
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326 | 326 | | 20 (i) emergency management worker (as defined in |
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327 | 327 | | 21 IC 10-14-3-3); |
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328 | 328 | | 22 (ii) public safety officer (as defined in IC 35-47-4.5-3); |
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329 | 329 | | 23 (iii) emergency medical responder (as defined in |
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330 | 330 | | 24 IC 16-18-2-109.8); or |
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331 | 331 | | 25 (iv) advanced emergency medical technician (as defined in |
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332 | 332 | | 26 IC 16-18-2-6.5). |
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333 | 333 | | 27 This subdivision does not apply to a record or portion of a record |
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334 | 334 | | 28 pertaining to a location or structure owned or protected by a |
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335 | 335 | | 29 public agency in the event that an act of terrorism under |
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336 | 336 | | 30 IC 35-47-12-1 (before its repeal), an act of agricultural terrorism |
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337 | 337 | | 31 under IC 35-47-12-2 (before its repeal), or a felony terrorist |
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338 | 338 | | 32 offense (as defined in IC 35-50-2-18) has occurred at that location |
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339 | 339 | | 33 or structure, unless release of the record or portion of the record |
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340 | 340 | | 34 would have a reasonable likelihood of threatening public safety |
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341 | 341 | | 35 by exposing a vulnerability of other locations or structures to |
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342 | 342 | | 36 terrorist attack. |
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343 | 343 | | 37 (20) The following personal information concerning a customer |
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344 | 344 | | 38 of a municipally owned utility (as defined in IC 8-1-2-1): |
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345 | 345 | | 39 (A) Telephone number. |
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346 | 346 | | 40 (B) Address. |
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347 | 347 | | 41 (C) Social Security number. |
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348 | 348 | | 42 (21) The following personal information about a complainant |
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349 | 349 | | 2024 IN 1421—LS 6625/DI 149 9 |
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350 | 350 | | 1 contained in records of a law enforcement agency: |
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351 | 351 | | 2 (A) Telephone number. |
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352 | 352 | | 3 (B) The complainant's address. However, if the complainant's |
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353 | 353 | | 4 address is the location of the suspected crime, infraction, |
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354 | 354 | | 5 accident, or complaint reported, the address shall be made |
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355 | 355 | | 6 available for public inspection and copying. |
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356 | 356 | | 7 (22) Notwithstanding subdivision (8)(A), the name, |
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357 | 357 | | 8 compensation, job title, business address, business telephone |
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358 | 358 | | 9 number, job description, education and training background, |
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359 | 359 | | 10 previous work experience, or dates of first employment of a law |
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360 | 360 | | 11 enforcement officer who is operating in an undercover capacity. |
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361 | 361 | | 12 (23) Records requested by an offender, an agent, or a relative of |
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362 | 362 | | 13 an offender that: |
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363 | 363 | | 14 (A) contain personal information relating to: |
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364 | 364 | | 15 (i) a correctional officer (as defined in IC 5-10-10-1.5); |
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365 | 365 | | 16 (ii) a probation officer; |
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366 | 366 | | 17 (iii) a community corrections officer; |
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367 | 367 | | 18 (iv) a law enforcement officer (as defined in |
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368 | 368 | | 19 IC 35-31.5-2-185); |
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369 | 369 | | 20 (v) a judge (as defined in IC 33-38-12-3); |
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370 | 370 | | 21 (vi) the victim of a crime; or |
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371 | 371 | | 22 (vii) a family member of a correctional officer, probation |
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372 | 372 | | 23 officer, community corrections officer, law enforcement |
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373 | 373 | | 24 officer (as defined in IC 35-31.5-2-185), judge (as defined |
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374 | 374 | | 25 in IC 33-38-12-3), or victim of a crime; or |
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375 | 375 | | 26 (B) concern or could affect the security of a jail or correctional |
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376 | 376 | | 27 facility. |
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377 | 377 | | 28 For purposes of this subdivision, "agent" means a person who is |
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378 | 378 | | 29 authorized by an offender to act on behalf of, or at the direction |
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379 | 379 | | 30 of, the offender, and "relative" has the meaning set forth in |
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380 | 380 | | 31 IC 35-42-2-1(b). However, the term "agent" does not include an |
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381 | 381 | | 32 attorney in good standing admitted to the practice of law in |
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382 | 382 | | 33 Indiana. |
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383 | 383 | | 34 (24) Information concerning an individual less than eighteen (18) |
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384 | 384 | | 35 years of age who participates in a conference, meeting, program, |
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385 | 385 | | 36 or activity conducted or supervised by a state educational |
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386 | 386 | | 37 institution, including the following information regarding the |
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387 | 387 | | 38 individual or the individual's parent or guardian: |
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388 | 388 | | 39 (A) Name. |
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389 | 389 | | 40 (B) Address. |
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390 | 390 | | 41 (C) Telephone number. |
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391 | 391 | | 42 (D) Electronic mail account address. |
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392 | 392 | | 2024 IN 1421—LS 6625/DI 149 10 |
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393 | 393 | | 1 (25) Criminal intelligence information. |
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394 | 394 | | 2 (26) The following information contained in a report of unclaimed |
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395 | 395 | | 3 property under IC 32-34-1.5-18 or in a claim for unclaimed |
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396 | 396 | | 4 property under IC 32-34-1.5-48: |
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397 | 397 | | 5 (A) Date of birth. |
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398 | 398 | | 6 (B) Driver's license number. |
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399 | 399 | | 7 (C) Taxpayer identification number. |
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400 | 400 | | 8 (D) Employer identification number. |
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401 | 401 | | 9 (E) Account number. |
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402 | 402 | | 10 (27) Except as provided in subdivision (19) and sections 5.1 and |
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403 | 403 | | 11 5.2 of this chapter, a law enforcement recording. However, before |
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404 | 404 | | 12 disclosing the recording, the public agency must comply with the |
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405 | 405 | | 13 obscuring requirements of sections 5.1 and 5.2 of this chapter, if |
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406 | 406 | | 14 applicable. |
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407 | 407 | | 15 (28) Records relating to negotiations between a state educational |
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408 | 408 | | 16 institution and another entity concerning the establishment of a |
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409 | 409 | | 17 collaborative relationship or venture to advance the research, |
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410 | 410 | | 18 engagement, or educational mission of the state educational |
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411 | 411 | | 19 institution, if the records are created while negotiations are in |
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412 | 412 | | 20 progress. The terms of the final offer of public financial resources |
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413 | 413 | | 21 communicated by the state educational institution to an industrial, |
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414 | 414 | | 22 a research, or a commercial prospect shall be available for |
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415 | 415 | | 23 inspection and copying under section 3 of this chapter after |
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416 | 416 | | 24 negotiations with that prospect have terminated. However, this |
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417 | 417 | | 25 subdivision does not apply to records regarding research |
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418 | 418 | | 26 prohibited under IC 16-34.5-1-2 or any other law. |
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419 | 419 | | 27 (c) Nothing contained in subsection (b) shall limit or affect the right |
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420 | 420 | | 28 of a person to inspect and copy a public record required or directed to |
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421 | 421 | | 29 be made by any statute or by any rule of a public agency. |
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422 | 422 | | 30 (d) Notwithstanding any other law, a public record that is classified |
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423 | 423 | | 31 as confidential, other than a record concerning an adoption or patient |
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424 | 424 | | 32 medical records, shall be made available for inspection and copying |
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425 | 425 | | 33 seventy-five (75) years after the creation of that record. |
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426 | 426 | | 34 (e) Only the content of a public record may form the basis for the |
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427 | 427 | | 35 adoption by any public agency of a rule or procedure creating an |
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428 | 428 | | 36 exception from disclosure under this section. |
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429 | 429 | | 37 (f) Except as provided by law, a public agency may not adopt a rule |
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430 | 430 | | 38 or procedure that creates an exception from disclosure under this |
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431 | 431 | | 39 section based upon whether a public record is stored or accessed using |
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432 | 432 | | 40 paper, electronic media, magnetic media, optical media, or other |
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433 | 433 | | 41 information storage technology. |
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434 | 434 | | 42 (g) Except as provided by law, a public agency may not adopt a rule |
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435 | 435 | | 2024 IN 1421—LS 6625/DI 149 11 |
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436 | 436 | | 1 or procedure nor impose any costs or liabilities that impede or restrict |
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437 | 437 | | 2 the reproduction or dissemination of any public record. |
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438 | 438 | | 3 (h) Notwithstanding subsection (d) and section 7 of this chapter: |
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439 | 439 | | 4 (1) public records subject to IC 5-15 may be destroyed only in |
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440 | 440 | | 5 accordance with record retention schedules under IC 5-15; or |
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441 | 441 | | 6 (2) public records not subject to IC 5-15 may be destroyed in the |
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442 | 442 | | 7 ordinary course of business. |
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443 | 443 | | 2024 IN 1421—LS 6625/DI 149 |
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