Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2025 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1360
AN ACT to amend the Indiana Code concerning state and local
administration.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-14-3-2, AS AMENDED BY P.L.64-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) The definitions set forth in this section apply
throughout this chapter.
(b) "Copy" includes transcribing by handwriting, photocopying,
xerography, duplicating machine, duplicating electronically stored data
onto a disk, tape, drum, or any other medium of electronic data storage,
and reproducing by any other means.
(c) "Criminal intelligence information" means data that has been
evaluated to determine that the data is relevant to:
(1) the identification of; and
(2) the criminal activity engaged in by;
an individual who or organization that is reasonably suspected of
involvement in criminal activity.
(d) "Data scraping" means use of an automated system to
extract data from websites and other Internet accessible sources.
(d) (e) "Direct cost" means one hundred five percent (105%) of the
sum of the cost of:
(1) the initial development of a program, if any;
(2) the labor required to retrieve electronically stored data;
(3) the labor required to:
(A) obscure nondisclosable information; and
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(B) perform an administrative review to determine if all
nondisclosable information has been obscured;
in a law enforcement recording; and
(4) any medium used for electronic output;
for providing a duplicate of electronically stored data onto a disk, tape,
drum, or other medium of electronic data retrieval under section 8(g)
of this chapter, or for reprogramming a computer system under section
6(c) of this chapter. However, if the labor described in subdivision (3)
is performed by an attorney, the cost under subdivision (3) may not
exceed reasonable attorney's fees.
(e) (f) "Electronic map" means copyrighted data provided by a
public agency from an electronic geographic information system.
(f) (g) "Enhanced access" means the inspection of a public record
by a person other than a governmental entity and that:
(1) is by means of an electronic device other than an electronic
device provided by a public agency in the office of the public
agency; or
(2) requires the compilation or creation of a list or report that does
not result in the permanent electronic storage of the information.
(g) (h) "Facsimile machine" means a machine that electronically
transmits exact images through connection with a telephone network.
(h) (i) "Inspect" includes the right to do the following:
(1) Manually transcribe and make notes, abstracts, or memoranda.
(2) In the case of tape recordings or other aural public records, to
listen and manually transcribe or duplicate, or make notes,
abstracts, or other memoranda from them.
(3) In the case of public records available:
(A) by enhanced access under section 3.5 of this chapter; or
(B) to a governmental entity under section 3(c)(2) of this
chapter;
to examine and copy the public records by use of an electronic
device.
(4) In the case of electronically stored data, to manually transcribe
and make notes, abstracts, or memoranda or to duplicate the data
onto a disk, tape, drum, or any other medium of electronic
storage.
(i) (j) "Investigatory record" means information compiled in the
course of the investigation of a crime.
(j) (k) "Law enforcement activity" means:
(1) a traffic stop;
(2) a pedestrian stop;
(3) an arrest;
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(4) a search;
(5) an investigation;
(6) a pursuit;
(7) crowd control;
(8) traffic control; or
(9) any other instance in which a law enforcement officer is
enforcing the law.
The term does not include an administrative activity, including the
completion of paperwork related to a law enforcement activity, or a
custodial interrogation conducted in a place of detention as described
in Indiana Evidence Rule 617, regardless of the ultimate admissibility
of a statement made during the custodial interrogation.
(k) (l) "Law enforcement recording" means an audio, visual, or
audiovisual recording of a law enforcement activity captured by a
camera or other device that is:
(1) provided to or used by a law enforcement officer in the scope
of the officer's duties; and
(2) designed to be worn by a law enforcement officer or attached
to the vehicle or transportation of a law enforcement officer.
(l) (m) "Offender" means a person confined in a prison, county jail,
detention facility, penal institution, or in a community corrections
program as the result of the person's arrest or conviction for a crime.
(m) (n) "Patient" has the meaning set out in IC 16-18-2-272(d).
(n) (o) "Person" means an individual, a corporation, a limited
liability company, a partnership, an unincorporated association, or a
governmental entity.
(p) "Phishing" means a method of obtaining information
through fraud in which the sender of a communication
intentionally misrepresents the identity of the sender in order to
induce the recipient of the communication to:
(1) divulge the information to the sender; or
(2) take an action that allows the sender access to the
information.
(o) (q) "Private university police department" means the police
officers appointed by the governing board of a private university under
IC 21-17-5.
(p) (r) "Provider" has the meaning set out in IC 16-18-2-295(b) and
includes employees of the Indiana department of health or local boards
of health who create patient records at the request of another provider
or who are social workers and create records concerning the family
background of children who may need assistance.
(q) (s) "Public agency", except as provided in section 2.1 of this
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chapter, means the following:
(1) Any board, commission, department, division, bureau,
committee, agency, office, instrumentality, or authority, by
whatever name designated, exercising any part of the executive,
administrative, judicial, or legislative power of the state.
(2) Any:
(A) county, township, school corporation, city, or town, or any
board, commission, department, division, bureau, committee,
office, instrumentality, or authority of any county, township,
school corporation, city, or town;
(B) political subdivision (as defined by IC 36-1-2-13); or
(C) other entity, or any office thereof, by whatever name
designated, exercising in a limited geographical area the
executive, administrative, judicial, or legislative power of the
state or a delegated local governmental power.
(3) Any entity or office that is subject to:
(A) budget review by either the department of local
government finance or the governing body of a county, city,
town, township, or school corporation; or
(B) an audit by the state board of accounts that is required by
statute, rule, or regulation.
(4) Any building corporation of a political subdivision that issues
bonds for the purpose of constructing public facilities.
(5) Any advisory commission, committee, or body created by
statute, ordinance, or executive order to advise the governing
body of a public agency, except medical staffs or the committees
of any such staff.
(6) Any law enforcement agency, which means an agency or a
department of any level of government that engages in the
investigation, apprehension, arrest, or prosecution of alleged
criminal offenders, such as the state police department, the police
or sheriff's department of a political subdivision, prosecuting
attorneys, members of the excise police division of the alcohol
and tobacco commission, conservation officers of the department
of natural resources, gaming agents of the Indiana gaming
commission, gaming control officers of the Indiana gaming
commission, and the security division of the state lottery
commission.
(7) Any license branch operated under IC 9-14.1.
(8) The state lottery commission established by IC 4-30-3-1,
including any department, division, or office of the commission.
(9) The Indiana gaming commission established under IC 4-33,
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including any department, division, or office of the commission.
(10) The Indiana horse racing commission established by IC 4-31,
including any department, division, or office of the commission.
(11) A private university police department. The term does not
include the governing board of a private university or any other
department, division, board, entity, or office of a private
university.
(r) (t) "Public record" means any writing, paper, report, study, map,
photograph, book, card, tape recording, or other material that is
created, received, retained, maintained, or filed by or with a public
agency and which is generated on paper, paper substitutes,
photographic media, chemically based media, magnetic or machine
readable media, electronically stored data, or any other material,
regardless of form or characteristics.
(s) (u) "Standard-sized documents" includes all documents that can
be mechanically reproduced (without mechanical reduction) on paper
sized eight and one-half (8 1/2) inches by eleven (11) inches or eight
and one-half (8 1/2) inches by fourteen (14) inches.
(t) (v) "Trade secret" has the meaning set forth in IC 24-2-3-2.
(u) (w) "Work product of an attorney" means information compiled
by an attorney in reasonable anticipation of litigation. The term
includes the attorney's:
(1) notes and statements taken during interviews of prospective
witnesses; and
(2) legal research or records, correspondence, reports, or
memoranda to the extent that each contains the attorney's
opinions, theories, or conclusions.
This definition does not restrict the application of any exception under
section 4 of this chapter.
SECTION 2. IC 5-14-3-3.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 3.3. (a) A public agency may establish and maintain
an electronic portal for submission of public records requests that:
(1) incorporates Completely Automated Public Turing test to
tell Computers and Humans Apart (CAPTCHA) or an
equivalent mechanism for ensuring that a requestor is a
human;
(2) requires verification of a requestor's physical address;
(3) indicates to the public agency whether the requestor is a
resident of Indiana; and
(4) automatically tracks and reports submissions suspected to
be automated or to have originated from known sources of
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phishing or data scraping.
(b) A public agency may decline to respond to a public records
request that is submitted to the public agency if one (1) or more of
the following apply:
(1) The public agency suspects the request to be data scraping
or phishing activity.
(2) The public agency suspects that responding to the request
electronically may:
(A) expose the public agency's electronic systems or data
to unauthorized access or alteration; or
(B) otherwise jeopardize the security of the public agency's
electronic systems or data.
(c) Not later than seven (7) days after a public agency receives
a public records request to which the public agency declines to
respond under subsection (b), the public agency shall notify the
public access counselor of the request and the reason under
subsection (b) for which the public agency has declined to respond
to the request.
SECTION 3. IC 5-14-3-4, AS AMENDED BY P.L.33-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) The following public records are excepted
from section 3 of this chapter and may not be disclosed by a public
agency, unless access to the records is specifically required by a state
or federal statute or is ordered by a court under the rules of discovery:
(1) Those declared confidential by state statute.
(2) Those declared confidential by rule adopted by a public
agency under specific authority to classify public records as
confidential granted to the public agency by statute.
(3) Those required to be kept confidential by federal law.
(4) Records containing trade secrets.
(5) Confidential financial information obtained, upon request,
from a person. However, this does not include information that is
filed with or received by a public agency pursuant to state statute.
(6) Information concerning research, including actual research
documents, conducted under the auspices of a state educational
institution, including information:
(A) concerning any negotiations made with respect to the
research; and
(B) received from another party involved in the research.
(7) Grade transcripts and license examination scores obtained as
part of a licensure process.
(8) Those declared confidential by or under rules adopted by the
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supreme court of Indiana.
(9) Patient medical records and charts created by a provider,
unless the patient gives written consent under IC 16-39 or as
provided under IC 16-41-8.
(10) Application information declared confidential by the Indiana
economic development corporation under IC 5-28.
(11) A photograph, a video recording, or an audio recording of an
autopsy, except as provided in IC 36-2-14-10.
(12) A Social Security number contained in the records of a
public agency.
(13) The following information that is part of a foreclosure action
subject to IC 32-30-10.5:
(A) Contact information for a debtor, as described in
IC 32-30-10.5-8(d)(1)(B).
(B) Any document submitted to the court as part of the debtor's
loss mitigation package under IC 32-30-10.5-10(a)(3).
(14) The following information obtained from a call made to a
fraud hotline established under IC 36-1-8-8.5:
(A) The identity of any individual who makes a call to the
fraud hotline.
(B) A report, transcript, audio recording, or other information
concerning a call to the fraud hotline.
However, records described in this subdivision may be disclosed
to a law enforcement agency, a private university police
department, the attorney general, the inspector general, the state
examiner, or a prosecuting attorney.
(15) Information described in section 5(c)(3)(B) of this chapter
that is contained in a daily log or record described in section 5(c)
of this chapter for a victim of a crime or delinquent act who is less
than eighteen (18) years of age, unless and to the extent that:
(A) a parent, guardian, or custodian of the victim consents in
writing to public disclosure of the records; and
(B) that parent, guardian, or custodian of the victim has not
been charged with or convicted of committing a crime against
the victim.
However, records described in this subdivision may be disclosed
to the department of child services.
(b) Except as otherwise provided by subsection (a), the following
public records shall be excepted from section 3 of this chapter at the
discretion of a public agency:
(1) Investigatory records of law enforcement agencies or private
university police departments. For purposes of this chapter, a law
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enforcement recording is not an investigatory record. However,
information described in subsection (a)(15) contained in a law
enforcement recording is exempt from disclosure, unless and to
the extent that a parent, guardian, or custodian of the victim
consents in writing to public disclosure of the records. However,
a parent, guardian, or custodian charged with or convicted of a
crime against the victim may not consent to public disclosure of
the records. Law enforcement agencies or private university
police departments may share investigatory records with:
(A) a person who advocates on behalf of a crime victim,
including a victim advocate (as defined in IC 35-37-6-3.5) or
a victim service provider (as defined in IC 35-37-6-5), for the
purposes of providing services to a victim or describing
services that may be available to a victim;
(B) a school corporation (as defined by IC 20-18-2-16(a)),
charter school (as defined by IC 20-24-1-4), or nonpublic
school (as defined by IC 20-18-2-12) for the purpose of
enhancing the safety or security of a student or a school
facility; and
(C) the victim services division of the Indiana criminal justice
institute under IC 5-2-6-8, for the purposes of conducting an
investigation under IC 5-2-6.1-26;
without the law enforcement agency or private university police
department losing its discretion to keep those records confidential
from other records requesters. However, certain law enforcement
records must be made available for inspection and copying as
provided in section 5 of this chapter.
(2) The work product of an attorney representing, pursuant to
state employment or an appointment by a public agency:
(A) a public agency;
(B) the state; or
(C) an individual.
(3) Test questions, scoring keys, and other examination data used
in administering a licensing examination, examination for
employment, or academic examination before the examination is
given or if it is to be given again.
(4) Scores of tests if the person is identified by name and has not
consented to the release of the person's scores.
(5) The following:
(A) Records relating to negotiations between:
(i) the Indiana economic development corporation;
(ii) the ports of Indiana;
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(iii) the Indiana state department of agriculture;
(iv) the Indiana finance authority;
(v) an economic development commission;
(vi) the Indiana White River state park development
commission;
(vii) a local economic development organization that is a
nonprofit corporation established under state law whose
primary purpose is the promotion of industrial or business
development in Indiana, the retention or expansion of
Indiana businesses, or the development of entrepreneurial
activities in Indiana; or
(viii) a governing body of a political subdivision;
with industrial, research, or commercial prospects, if the
records are created while negotiations are in progress.
However, this clause does not apply to records regarding
research that is prohibited under IC 16-34.5-1-2 or any other
law.
(B) Notwithstanding clause (A), the terms of the final offer of
public financial resources communicated by the Indiana
economic development corporation, the ports of Indiana, the
Indiana finance authority, an economic development
commission, the Indiana White River state park development
commission, or a governing body of a political subdivision to
an industrial, a research, or a commercial prospect shall be
available for inspection and copying under section 3 of this
chapter after negotiations with that prospect have terminated.
(C) When disclosing a final offer under clause (B), the Indiana
economic development corporation shall certify that the
information being disclosed accurately and completely
represents the terms of the final offer.
(D) Notwithstanding clause (A), an incentive agreement with
an incentive recipient shall be available for inspection and
copying under section 3 of this chapter after the date the
incentive recipient and the Indiana economic development
corporation execute the incentive agreement regardless of
whether negotiations are in progress with the recipient after
that date regarding a modification or extension of the incentive
agreement.
(6) Records that are intra-agency or interagency advisory or
deliberative material, including material developed by a private
contractor under a contract with a public agency, that are
expressions of opinion or are of a speculative nature, and that are
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communicated for the purpose of decision making.
(7) Diaries, journals, or other personal notes serving as the
functional equivalent of a diary or journal.
(8) Personnel files of public employees and files of applicants for
public employment, except for:
(A) the name, compensation, job title, business address,
business telephone number, job description, education and
training background, previous work experience, or dates of
first and last employment of present or former officers or
employees of the agency;
(B) information relating to the status of any formal charges
against the employee; and
(C) the factual basis for a disciplinary action in which final
action has been taken and that resulted in the employee being
suspended, demoted, or discharged.
However, all personnel file information shall be made available
to the affected employee or the employee's representative. This
subdivision does not apply to disclosure of personnel information
generally on all employees or for groups of employees without the
request being particularized by employee name.
(9) Minutes or records of hospital medical staff meetings.
(10) Administrative or technical information that would
jeopardize a record keeping system, voting system, voter
registration system, or security system.
(11) Computer programs, computer codes, computer filing
systems, and other software that are owned by the public agency
or entrusted to it and portions of electronic maps entrusted to a
public agency by a utility.
(12) Records specifically prepared for discussion or developed
during discussion in an executive session under IC 5-14-1.5-6.1.
However, this subdivision does not apply to that information
required to be available for inspection and copying under
subdivision (8).
(13) The work product of the legislative services agency under
personnel rules approved by the legislative council.
(14) The work product of individual members and the partisan
staffs of the general assembly.
(15) The identity of a donor of a gift made to a public agency if:
(A) the donor requires nondisclosure of the donor's identity as
a condition of making the gift; or
(B) after the gift is made, the donor or a member of the donor's
family requests nondisclosure.
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(16) Library or archival records:
(A) which can be used to identify any library patron; or
(B) deposited with or acquired by a library upon a condition
that the records be disclosed only:
(i) to qualified researchers;
(ii) after the passing of a period of years that is specified in
the documents under which the deposit or acquisition is
made; or
(iii) after the death of persons specified at the time of the
acquisition or deposit.
However, nothing in this subdivision shall limit or affect contracts
entered into by the Indiana state library pursuant to IC 4-1-6-8.
(17) The identity of any person who contacts the bureau of motor
vehicles concerning the ability of a driver to operate a motor
vehicle safely and the medical records and evaluations made by
the bureau of motor vehicles staff or members of the driver
licensing medical advisory board regarding the ability of a driver
to operate a motor vehicle safely. However, upon written request
to the commissioner of the bureau of motor vehicles, the driver
must be given copies of the driver's medical records and
evaluations.
(18) School safety and security measures, plans, and systems,
including emergency preparedness plans developed under 511
IAC 6.1-2-2.5.
(19) A record or a part of a record, the public disclosure of which
would have a reasonable likelihood of threatening public safety
by exposing a vulnerability to terrorist attack. A record described
under this subdivision includes the following:
(A) A record assembled, prepared, or maintained to prevent,
mitigate, or respond to an act of terrorism under IC 35-47-12-1
(before its repeal), an act of agricultural terrorism under
IC 35-47-12-2 (before its repeal), or a felony terrorist offense
(as defined in IC 35-50-2-18).
(B) Vulnerability assessments.
(C) Risk planning documents.
(D) Needs assessments.
(E) Threat assessments.
(F) Intelligence assessments.
(G) Domestic preparedness strategies.
(H) The location of community drinking water wells and
surface water intakes.
(I) The emergency contact information of emergency
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responders and volunteers.
(J) Infrastructure records that disclose the configuration of
critical systems such as voting system and voter registration
system critical infrastructure, and communication, electrical,
ventilation, water, and wastewater systems.
(K) Detailed drawings or specifications of structural elements,
floor plans, and operating, utility, or security systems, whether
in paper or electronic form, of any building or facility located
on an airport (as defined in IC 8-21-1-1) that is owned,
occupied, leased, or maintained by a public agency, or any part
of a law enforcement recording that captures information
about airport security procedures, areas, or systems. A record
described in this clause may not be released for public
inspection by any public agency without the prior approval of
the public agency that owns, occupies, leases, or maintains the
airport. Both of the following apply to the public agency that
owns, occupies, leases, or maintains the airport:
(i) The public agency is responsible for determining whether
the public disclosure of a record or a part of a record,
including a law enforcement recording, has a reasonable
likelihood of threatening public safety by exposing a
security procedure, area, system, or vulnerability to terrorist
attack.
(ii) The public agency must identify a record described
under item (i) and clearly mark the record as "confidential
and not subject to public disclosure under
IC 5-14-3-4(b)(19)(J) without approval of (insert name of
submitting public agency)". However, in the case of a law
enforcement recording, the public agency must clearly mark
the record as "confidential and not subject to public
disclosure under IC 5-14-3-4(b)(19)(K) without approval of
(insert name of the public agency that owns, occupies,
leases, or maintains the airport)".
(L) The home address, home telephone number, and
emergency contact information for any:
(i) emergency management worker (as defined in
IC 10-14-3-3);
(ii) public safety officer (as defined in IC 35-47-4.5-3);
(iii) emergency medical responder (as defined in
IC 16-18-2-109.8); or
(iv) advanced emergency medical technician (as defined in
IC 16-18-2-6.5).
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(M) Information relating to security measures or precautions
used to secure the statewide 911 system under IC 36-8-16.7.
This subdivision does not apply to a record or portion of a record
pertaining to a location or structure owned or protected by a
public agency in the event that an act of terrorism under
IC 35-47-12-1 (before its repeal), an act of agricultural terrorism
under IC 35-47-12-2 (before its repeal), or a felony terrorist
offense (as defined in IC 35-50-2-18) has occurred at that location
or structure, unless release of the record or portion of the record
would have a reasonable likelihood of threatening public safety
by exposing a vulnerability of other locations or structures to
terrorist attack.
(20) The following personal information concerning a customer
of a municipally owned utility (as defined in IC 8-1-2-1):
(A) Telephone number.
(B) Address.
(C) Social Security number.
(21) The following personal information about a complainant
contained in records of a law enforcement agency:
(A) Telephone number.
(B) The complainant's address. However, if the complainant's
address is the location of the suspected crime, infraction,
accident, or complaint reported, the address shall be made
available for public inspection and copying.
(22) Notwithstanding subdivision (8)(A), the name,
compensation, job title, business address, business telephone
number, job description, education and training background,
previous work experience, or dates of first employment of a law
enforcement officer who is operating in an undercover capacity.
(23) Records requested by an offender, an agent, or a relative of
an offender that:
(A) contain personal information relating to:
(i) a correctional officer (as defined in IC 5-10-10-1.5);
(ii) a probation officer;
(iii) a community corrections officer;
(iv) a law enforcement officer (as defined in
IC 35-31.5-2-185);
(v) a judge (as defined in IC 33-38-12-3);
(vi) the victim of a crime; or
(vii) a family member of a correctional officer, probation
officer, community corrections officer, law enforcement
officer (as defined in IC 35-31.5-2-185), judge (as defined
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in IC 33-38-12-3), or victim of a crime; or
(B) concern or could affect the security of a jail or correctional
facility.
For purposes of this subdivision, "agent" means a person who is
authorized by an offender to act on behalf of, or at the direction
of, the offender, and "relative" has the meaning set forth in
IC 35-42-2-1(b). However, the term "agent" does not include an
attorney in good standing admitted to the practice of law in
Indiana.
(24) Information concerning an individual less than eighteen (18)
years of age who participates in a conference, meeting, program,
or activity conducted or supervised by a state educational
institution, including the following information regarding the
individual or the individual's parent or guardian:
(A) Name.
(B) Address.
(C) Telephone number.
(D) Electronic mail account address.
(25) Criminal intelligence information.
(26) The following information contained in a report of unclaimed
property under IC 32-34-1.5-18 or in a claim for unclaimed
property under IC 32-34-1.5-48:
(A) Date of birth.
(B) Driver's license number.
(C) Taxpayer identification number.
(D) Employer identification number.
(E) Account number.
(27) Except as provided in subdivision (19) and sections 5.1 and
5.2 of this chapter, a law enforcement recording. However, before
disclosing the recording, the public agency must comply with the
obscuring requirements of sections 5.1 and 5.2 of this chapter, if
applicable.
(28) Records relating to negotiations between a state educational
institution and another entity concerning the establishment of a
collaborative relationship or venture to advance the research,
engagement, or educational mission of the state educational
institution, if the records are created while negotiations are in
progress. The terms of the final offer of public financial resources
communicated by the state educational institution to an industrial,
a research, or a commercial prospect shall be available for
inspection and copying under section 3 of this chapter after
negotiations with that prospect have terminated. However, this
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subdivision does not apply to records regarding research
prohibited under IC 16-34.5-1-2 or any other law.
(c) Nothing contained in subsection (b) shall limit or affect the right
of a person to inspect and copy a public record required or directed to
be made by any statute or by any rule of a public agency.
(d) Notwithstanding any other law, a public record that is classified
as confidential, other than a record concerning:
(1) an adoption or patient medical records; or
(2) a birth or stillbirth;
shall be made available for inspection and copying seventy-five (75)
years after the creation of that record. A registration or certificate of a
birth or stillbirth shall be made available in accordance with
IC 16-37-1-7.5.
(e) A public agency may deny a request under this chapter for
a record if the request:
(1) is made by a person that is a party to pending or ongoing
litigation; and
(2) is duplicative of a discovery request made by the person in
the pending or ongoing litigation.
(e) (f) Only the content of a public record may form the basis for the
adoption by any public agency of a rule or procedure creating an
exception from disclosure under this section.
(f) (g) Except as provided by law, a public agency may not adopt a
rule or procedure that creates an exception from disclosure under this
section based upon whether a public record is stored or accessed using
paper, electronic media, magnetic media, optical media, or other
information storage technology.
(g) (h) Except as provided by law, a public agency may not adopt a
rule or procedure nor impose any costs or liabilities that impede or
restrict the reproduction or dissemination of any public record.
(h) (i) Notwithstanding subsection (d) and section 7 of this chapter:
(1) public records subject to IC 5-15 may be destroyed only in
accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in the
ordinary course of business.
SECTION 4. IC 5-14-3-4.4, AS AMENDED BY P.L.249-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4.4. (a) This section applies to a request for a
record that the public agency considers to be excepted from disclosure
under section 4(b)(1) or 4(b)(25) of this chapter. The public agency
may do either of the following:
(1) Deny disclosure of the record or a part of the record. The
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person requesting the information may appeal the denial under
section 9 of this chapter.
(2) Refuse to confirm or deny the existence of the record,
regardless of whether the record exists or does not exist, if the fact
of the record's existence or nonexistence would reveal information
that would:
(A) impede or compromise an ongoing law enforcement
investigation or result in danger to an individual's safety,
including the safety of a law enforcement officer or a
confidential source; or
(B) reveal information that would have a reasonable likelihood
of threatening public safety.
(b) This subsection applies to a request for a record that the public
agency considers to be excepted from disclosure under section 4(b)(19)
of this chapter. The agency may consult with the governor's security
council established by IC 10-19-8.1-2 in formulating a response. The
public agency may do either of the following:
(1) Deny disclosure of the record or a part of the record. The
agency or the counterterrorism and security council shall provide
a general description of the record being withheld and of how
disclosure of the record would have a reasonable likelihood of
threatening public safety by exposing a vulnerability to terrorist
attack. The person requesting the information may appeal the
denial under section 9 of this chapter.
(2) Refuse to confirm or deny the existence of the record
regardless of whether the record exists or does not exist, if the fact
of the record's existence or nonexistence would reveal information
that would have a reasonable likelihood of threatening public
safety.
(c) If a public agency does not respond to a request for a record
under this section:
(1) within twenty-four (24) hours of receiving the request for a
record from a person who:
(A) is physically present in the agency office;
(B) makes the request by telephone; or
(C) requests enhanced access to a document; or
(2) within seven (7) days of receiving the request for a record
made by mail, or by facsimile, or through an electronic portal
under section 3.3 of this chapter;
the request for the record is deemed denied. The person requesting the
information may appeal the denial under section 9 of this chapter.
(d) If a public agency refuses to confirm or deny the existence of a
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record under this section, the name and title or position of the person
responsible for the refusal shall be given to the person making the
records request.
(e) A person who has received a refusal from an agency to confirm
or deny the existence of a record may file an action in the circuit or
superior court of the county in which the response was received:
(1) to compel the public agency to confirm whether the record
exists or does not exist; and
(2) if the public agency confirms that the record exists, to compel
the agency to permit the person to inspect and copy the record.
(f) The court shall determine the matter de novo, with the burden of
proof on the public agency to sustain its refusal to confirm or deny the
existence of the record. The public agency meets its burden of proof by
filing a public affidavit with the court that provides with reasonable
specificity of detail, and not simply conclusory statements, the basis of
the agency's claim that it cannot be required to confirm or deny the
existence of the requested record. If the public agency meets its burden
of proof, the burden of proof shifts to the person requesting access to
the record. The person requesting access to the record meets the
person's burden of proof by proving any of the following:
(1) The agency's justifications for not confirming the existence of
the record contradict other evidence in the trial record.
(2) The agency is withholding the record in bad faith.
(3) An official with authority to speak for the agency has
acknowledged to the public in a documented disclosure that the
record exists. The person requesting the record must prove that
the information requested:
(A) is as specific as the information previously disclosed; and
(B) matches the previously disclosed information.
(g) Either party may make an interlocutory appeal of the trial court's
determination on whether the agency's refusal to confirm or deny the
existence of the record was proper.
(h) If the court, after the disposition of any interlocutory appeals,
finds that the agency's refusal to confirm or deny was improper, the
court shall order the agency to disclose whether the record exists or
does not exist. If the record exists and the agency claims that the record
is exempt from disclosure under this chapter, the court may review the
public record in camera to determine whether any part of the record
may be withheld.
(i) In an action filed under this section, the court shall award
reasonable attorney's fees, court costs, and other reasonable expenses
of litigation to the prevailing party if:
HEA 1360 — Concur
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(1) the plaintiff substantially prevails; or
(2) the defendant substantially prevails and the court finds the
action was frivolous or vexatious.
A plaintiff is eligible for the awarding of attorney's fees, court costs,
and other reasonable expenses regardless of whether the plaintiff filed
the action without first seeking and receiving an informal inquiry
response or advisory opinion from the public access counselor.
(j) A court that hears an action under this section may not assess a
civil penalty under section 9.5 of this chapter in connection with the
action.
SECTION 5. IC 5-14-3-8, AS AMENDED BY P.L.287-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) For the purposes of this section, "state
agency" has the meaning set forth in IC 4-13-1-1.
(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) This subdivision applies only to a school corporation and a
charter school. This subdivision does not apply to a request for a
search by an exclusive representative (as defined in
IC 20-29-2-9). To search for a record that is in an electronic
format, if the search does not exceed five (5) hours.
(3) Subject to subdivision (2), to search for, examine, or review
a record to determine whether the record may be disclosed.
(4) To provide an electronic copy of a public record 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);
(B) section 6(c) of this chapter; or
(C) IC 36-2-7-10 or IC 36-2-7-10.1 concerning records of the
county recorder.
(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. Except as provided in subsection (n), 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
HEA 1360 — Concur
19
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 search and copying costs be made in advance.
(f) Notwithstanding subsection (b), (c), (d), (g), (h), or (i), or (n), 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) Except as provided by subsection (h), for providing a duplicate
of a computer tape, computer disc, microfilm, law enforcement
recording, 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. However, the fee for a copy of a law enforcement recording
may not exceed one hundred fifty dollars ($150).
(2) The standard cost for selling the same information to the
public in the form of a publication if the agency has published the
HEA 1360 — Concur
20
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.
(l) This subsection does not apply to a state agency. A fee collected
under subsection (g) for the copying of a law enforcement recording
may be:
(1) retained by the public agency; and
(2) used without appropriation for one (1) or more of the
following purposes:
(A) To purchase cameras and other equipment for use in
connection with the agency's law enforcement recording
program.
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21
(B) For training concerning law enforcement recording.
(C) To defray the expenses of storing, producing, and copying
law enforcement recordings.
Money from a fee described in this subsection does not revert to the
local general fund at the end of a fiscal year.
(m) This subsection applies to a school corporation and a charter
school. For purposes of this subsection, "computer processing time"
means the amount of time a computer takes to process a command or
script to extract or copy electronically stored data that is the subject of
a public records request. A school corporation or charter school may
not charge a fee for the first five (5) hours required to search for
records that are in an electronic format. A school corporation or charter
school may charge a search fee for any time spent searching for records
that are in an electronic format that exceeds five (5) hours. If the school
corporation or charter school charges a search fee, the school
corporation or charter school shall charge an hourly fee that does not
exceed the lesser of:
(1) the hourly rate of the person making the search; or
(2) twenty dollars ($20) per hour.
A school corporation or charter school charging an hourly fee under
this subsection for searching for records that are in an electronic format
may charge only for time that the person making the search actually
spends in searching for the records that are in an electronic format. A
school corporation or charter school may not charge for computer
processing time and may not establish a minimum fee for searching for
records that are in an electronic format. A school corporation or charter
school shall make a good faith effort to complete a search for records
that are in an electronic format that is within a reasonable time in order
to minimize the amount of a search fee. The fee must be prorated to
reflect any search time of less than one (1) hour.
(n) Except as provided in subsection (o), a public agency may
collect a supplemental fee for processing public records requests
submitted by non-Indiana residents or out-of-state entities. The
fee:
(1) must be reasonably related to the cost of fulfilling the
request; and
(2) may not exceed twenty-five cents ($0.25) per page and
twenty-five dollars ($25) per hour of staff time spent
processing the request.
(o) A public agency may waive the fee under subsection (n) if the
public agency finds that the public records request serves the
public interest.
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SECTION 6. IC 5-14-3-8.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 8.1. (a) A public agency may give priority in fulfilling
public records requests to:
(1) Indiana residents; and
(2) requests submitted for civic, journalistic, academic, or
personal use.
(b) Requests identified as originating from out-of-state entities
or automated systems may be:
(1) delayed as necessary to prevent disruption of core agency
functions; and
(2) subject to a fee under section 8(n) of this chapter.
SECTION 7. IC 5-14-3-9, AS AMENDED BY P.L.58-2016,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) This section does not apply to a request for
information under section 4.4 of this chapter.
(b) A denial of disclosure by a public agency occurs when the
person making the request is physically present in the office of the
agency, makes the request by telephone, or requests enhanced access
to a document and:
(1) the person designated by the public agency as being
responsible for public records release decisions refuses to permit
inspection and copying of a public record when a request has
been made; or
(2) twenty-four (24) hours elapse after any employee of the public
agency refuses to permit inspection and copying of a public
record when a request has been made;
whichever occurs first.
(c) If a person requests by mail or by facsimile a copy or copies of
a public record by mail, by facsimile, or through an electronic
portal under section 3.3 of this chapter, a denial of disclosure does
not occur until seven (7) days have elapsed from the date the public
agency receives the request.
(d) If a request is made orally, either in person or by telephone, a
public agency may deny the request orally. However, if a request
initially is made in writing, by facsimile, or through enhanced access,
or if an oral request that has been denied is renewed in writing or by
facsimile, a public agency may deny the request if:
(1) the denial is in writing or by facsimile; and
(2) the denial includes:
(A) a statement of the specific exemption or exemptions
authorizing the withholding of all or part of the public record;
HEA 1360 — Concur
23
and
(B) the name and the title or position of the person responsible
for the denial.
(e) A person who has been denied the right to inspect or copy a
public record by a public agency may file an action in the circuit or
superior court of the county in which the denial occurred to compel the
public agency to permit the person to inspect and copy the public
record. Whenever an action is filed under this subsection, the public
agency must notify each person who supplied any part of the public
record at issue:
(1) that a request for release of the public record has been denied;
and
(2) whether the denial was in compliance with an informal inquiry
response or advisory opinion of the public access counselor.
Such persons are entitled to intervene in any litigation that results from
the denial. The person who has been denied the right to inspect or copy
need not allege or prove any special damage different from that
suffered by the public at large.
(f) The court shall determine the matter de novo, with the burden of
proof on the public agency to sustain its denial. If the issue in de novo
review under this section is whether a public agency properly denied
access to a public record because the record is exempted under section
4(a) of this chapter, the public agency meets its burden of proof under
this subsection by establishing the content of the record with adequate
specificity and not by relying on a conclusory statement or affidavit.
(g) This subsection does not apply to an action under section 5.2 of
this chapter. If the issue in a de novo review under this section is
whether a public agency properly denied access to a public record
because the record is exempted under section 4(b) of this chapter:
(1) the public agency meets its burden of proof under this
subsection by:
(A) proving that:
(i) the record falls within any one (1) of the categories of
exempted records under section 4(b) of this chapter; and
(ii) if the action is for denial of access to a recording under
section 5.1 of this chapter, the plaintiff is not a "requestor"
as that term is defined in section 5.1 of this chapter; and
(B) establishing the content of the record with adequate
specificity and not by relying on a conclusory statement or
affidavit; and
(2) a person requesting access to a public record meets the
person's burden of proof under this subsection by proving that the
HEA 1360 — Concur
24
denial of access is arbitrary or capricious.
(h) The court may review the public record in camera to determine
whether any part of it may be withheld under this chapter. However, if
the complaint alleges that a public agency denied disclosure of a public
record by redacting information in the public record, the court shall
conduct an in camera inspection of the public record with the redacted
information included.
(i) Except as provided in subsection (k), in any action filed under
this section, a court shall award reasonable attorney's fees, court costs,
and other reasonable expenses of litigation to the prevailing party if:
(1) the plaintiff substantially prevails; or
(2) the defendant substantially prevails and the court finds the
action was frivolous or vexatious.
Except as provided in subsection (k), the plaintiff is not eligible for the
awarding of attorney's fees, court costs, and other reasonable expenses
if the plaintiff filed the action without first seeking and receiving an
informal inquiry response or advisory opinion from the public access
counselor, unless the plaintiff can show the filing of the action was
necessary because the denial of access to a public record under this
chapter would prevent the plaintiff from presenting that public record
to a public agency preparing to act on a matter of relevance to the
public record whose disclosure was denied.
(j) Except as provided in subsection (k), a court may assess a civil
penalty under section 9.5 of this chapter only if the plaintiff obtained
an advisory opinion from the public access counselor before filing an
action under this section as set forth in section 9.5 of this chapter.
(k) This subsection applies only to an action to appeal the denial of
access to a law enforcement recording under section 5.1 of this chapter.
A requestor (as defined in section 5.1 of this chapter) may bring an
action to appeal from the denial of access to a law enforcement
recording without first seeking or receiving an informal inquiry
response or advisory opinion from the public access counselor. If the
requestor prevails in an action under this subsection:
(1) the requestor is eligible for an award of reasonable attorney's
fees, court costs, and other reasonable expenses; and
(2) a court may assess a civil penalty under section 9.5 of this
chapter.
(l) A court shall expedite the hearing of an action filed under this
section.
SECTION 8. IC 5-14-3-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 11. In addition to providing the public access
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25
counselor with notice of a request to which the public agency has
declined to respond under section 3.3 of this chapter, a public
agency shall report to the public access counselor, through a
standardized mechanism prescribed by the public access counselor,
any public records request received by the public agency that is
suspected by the public agency of being:
(1) automated; or
(2) data scraping or phishing activity.
SECTION 9. IC 5-14-3-12 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 12. Nothing in this chapter shall prevent the general
assembly from establishing reasonable and narrowly tailored
procedural safeguards to preserve the integrity and availability of
public agency resources.
SECTION 10. IC 5-14-4-1.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 1.2. As used in this chapter, "data scraping" has the
meaning set forth in IC 5-14-3-2.
SECTION 11. IC 5-14-4-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 2.5. As used in this chapter, "phishing" has the
meaning set forth in IC 5-14-3-2.
SECTION 12. IC 5-14-4-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 10. The counselor has
the following powers and duties:
(1) To establish and administer a program to train public officials
and educate the public on the rights of the public and the
responsibilities of public agencies under the public access laws.
The counselor may contract with a person or a public or private
entity to fulfill the counselor's responsibility under this
subdivision.
(2) To conduct research.
(3) To prepare interpretive and educational materials and
programs in cooperation with the office of the attorney general.
(4) To distribute to newly elected or appointed public officials the
public access laws and educational materials concerning the
public access laws.
(5) To respond to informal inquiries made by the public and
public agencies by telephone, in writing, in person, by facsimile,
or by electronic mail concerning the public access laws.
(6) To issue advisory opinions to interpret the public access laws
upon the request of a person or a public agency. However, the
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26
counselor may not issue an advisory opinion concerning a specific
matter with respect to which a lawsuit has been filed under
IC 5-14-1.5 or IC 5-14-3.
(7) To make recommendations to the general assembly
concerning ways to improve public access.
(8) To coordinate with public agencies to:
(A) track the volume and nature of public records requests
received by public agencies; and
(B) identify patterns or sources of excessive, automated,
phishing related, or data scraping based public records
requests.
(9) To establish a standardized mechanism by which public
agencies can report suspect public records requests under
IC 5-14-3-11.
SECTION 13. IC 5-14-4-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 12. The counselor shall
submit a report in an electronic format under IC 5-14-6 not later than
June 30 of each year to the legislative services agency concerning the
activities of the counselor for the previous year. The report must
include the following information:
(1) Summary information regarding:
(A) the volume and nature of public records requests
received by public agencies; and
(B) public records requests reported to the counselor by
public agencies under IC 5-14-3-11.
(1) (2) The total number of inquiries and complaints received.
(2) (3) The number of inquiries and complaints received each
from the public, the media, and government agencies.
(3) (4) The number of inquiries and complaints that were
resolved.
(4) (5) The number of complaints received about each of the
following:
(A) State agencies.
(B) County agencies.
(C) City agencies.
(D) Town agencies.
(E) Township agencies.
(F) School corporations.
(G) Other local agencies.
(5) (6) The number of complaints received concerning each of the
following:
(A) Public records.
HEA 1360 — Concur
27
(B) Public meetings.
(6) (7) The total number of written advisory opinions issued and
pending.
(8) Recommendations to the general assembly regarding
statutory or administrative remedies to public records
requests described in section 10(8)(B) of this chapter.
SECTION 14. IC 9-26-10-2, AS AMENDED BY P.L.11-2019,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) As used in this section, "person" has the
meaning set forth in IC 5-14-3-2(n). IC 5-14-3-2(o).
(b) Except as provided in subsections (c), (d), (e), and (f), all
information contained in the emergency contact data base is
confidential and exempt from:
(1) disclosure to any person; and
(2) public inspection under IC 5-14-3.
(c) The bureau may access information contained in the emergency
contact data base for the purpose of deleting, logging, or revising
emergency contact information contained in the emergency contact
data base.
(d) A law enforcement officer may access information contained in
the emergency contact data base for the purpose of complying with
IC 9-26-2-5.
(e) A coroner may access information contained in the emergency
contact data base in the performance of the coroner's duties.
(f) Information contained in the emergency contact data base is
subject to disclosure to an appropriate person upon the bureau's receipt
of a:
(1) grand jury subpoena; or
(2) subpoena related to a criminal investigation.
HEA 1360 — Concur
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1360 — ConcurEvery fact on this page links to its source, starting with the official bill record.