reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 2. Reinstatement of Destroyed Records › 5-15-2-3. Notice of Hearings

Sec. 3. The defendants, their legal representatives, or the necessary parties in all cases mentioned in the preceding sections, shall have ten (10) days' notice of the time set for the hearing thereof, by summons issued by the clerk of such court; or if such defendants are nonresidents of the state of Indiana, or their residence be unknown, or the names of any necessary party defendants be unknown, such notice may be given by three (3) successive weeks' publication in some weekly newspaper of general circulation published in said county to be named by the person making the application, his agent or attorney; or if none be published in such county, then such notice shall be given by publication in the weekly newspaper published in this state nearest the county seat of such county, such published notice to be given by the clerk of such court on affidavit filed by plaintiff, his agent, attorney or some competent person; the last of which notices shall be published ten (10) days before the first day of the term of court in which said claim may be pending, or ten (10) days before a day in said term for which said cause may be set for hearing, which day shall be named in the summons or notice.
Formerly: Acts 1881, c.30, s.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 2. Reinstatement of Destroyed Records › 5-15-2-4. Resisting Complaint; Answer of Nul-Tiel Record; Admission of Oral Testimony; Reinstatement

Sec. 4. Such defendants may resist such complaint by answer of nul-tiel record, and no other, as to the existence of the record, bond, execution, order of sale or other writ, or the returns thereon, or other paper sought to be reinstated; and upon the trial thereof, oral testimony shall be admitted, and strict proof of dates, sums and amounts, and actual entries and forms of record shall not be required on the trial of such issue; but the court shall, on such hearing, if the question is presented, determine, and in its record of reinstatement set forth, what satisfaction, in whole or in part, by payment or otherwise, has been made of any judgment or decree sought to be reinstated since the rendition thereof, and if, upon such hearing, such court shall be satisfied that the statements in such complaint are true, the court shall make an order reciting what was the substance and effect of such lost or destroyed record, bond, execution, order of sale or other writ, or the returns thereon, or other paper or part thereof, and what satisfaction, by payment or otherwise, in whole or in part, has been made of any judgment or decree so sought to be reinstated when that question is presented; which order shall be entered of record in said court and shall have the same force and effect that the original record would have had if the same had not been lost or destroyed, subject to any satisfaction found by the court.
Formerly: Acts 1881, c.30, s.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 2. Reinstatement of Destroyed Records › 5-15-2-5. Motion to Set Aside Reinstatement

Sec. 5. In all cases where any record, bond, execution, order of sale or other writ, or the returns thereon, or any other paper, or part thereof mentioned in this chapter has been or may be lost or destroyed, in whole or in part, and has been reinstated without appearance of or actual notice to the defendants in such proceeding of reinstatement, any such defendants may, at any time within two (2) years thereafter, unless he may be under disabilities, then within two (2) years after the removal of such disabilities, on affidavit of merits have the same set aside on motion in writing, of which motion the plaintiff or complainant shall have the same notice required to be given the defendants in section 3 of this chapter, and when such reinstatement shall be set aside the same proceedings shall be had thereon as if the defendant had appeared to the original complaint for reinstatement.
Formerly: Acts 1881, c.30, s.5. As amended by P.L.25-1986, SEC.84.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 2. Reinstatement of Destroyed Records › 5-15-2-6. Affidavit for Reinstatement; Stay of Proceedings

Sec. 6. In all actions pending on March 9, 1881, or that may be commenced after March 9, 1881, in any court of record in this state, any party thereto may, on application to such court verified by affidavit, show that any record, bond, execution, order of sale, or other writ or the returns thereon, or any other paper of the record or files of any court in this state necessary to be used in evidence in such cause has been lost or destroyed, in whole or in part, without his fault or neglect, which affidavit shall show the competency and necessity of the same as evidence in the cause, and that the same has not been reinstated, and such court shall, unless the adverse party will admit on the trial the facts stated in such affidavit, stay all proceedings for a reasonable time, that said destroyed record, in whole or in part, may be reinstated, the court shall, upon cause shown, grant further and additional time for the reinstatement of such record; but the trial of such action shall not be delayed more than one (1) year for such reinstatement, and to expedite the reinstatement of the same the court may, on motion of either party, refer the question of such destruction and reinstatement, as shown in such affidavit, to a master commissioner to be appointed by the court to hear, examine, and take all the evidence and report fully all the facts in writing to the court, as provided for in this chapter.
Formerly: Acts 1881, c.30, s.6. As amended by P.L.25-1986, SEC.85.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 2. Reinstatement of Destroyed Records › 5-15-2-7. Reference of Complaint to Master Commissioner; Proceedings

Sec. 7. Whenever any complaint is filed in any court for the reinstatement of any record, bond, execution, order of sale or other writ, or the returns thereon, or any other paper or part thereof, as above provided, the court may, on its own motion, or upon application of either party, refer to a master commissioner for examination and hearing all the evidence, written and oral, in such case; and such master commissioner shall hear such evidence as in other cases, and shall make a full and complete report thereof to the court, and shall also report to the court, in form, such record, bond, execution, order of sale or other writ, or the returns thereon, or any other paper or part thereof sought to be reinstated, and the court, if it finds the forms so reported to be substantially correct, as shown by the evidence reported, shall order the same reinstated accordingly; and when so entered of record by the court, it shall have the same force and effect as the original would have had if the same had not been lost or destroyed; or such court may, from the report of such master commissioner, find, determine and say what such original or part thereof was before its loss or destruction, and shall order the same reinstated; and when so reinstated, it shall have the same force and effect as the original would have had if the same had not been lost or destroyed. Which report of master commissioner, and the finding and judgment of the court thereon, shall be governed by the same practice as in other civil cases. Before such master commissioner shall proceed to hear and examine the evidence in any case referred to him, he shall give the parties thereto reasonable notice of the time and place of hearing the same. Said master commissioner shall have power to issue writs of subpoena, which writs and other notices shall be served by the sheriff, administer oaths, require the production of all writings, records, or parts of records, papers, memoranda or exhibits in any case referred to him; and he shall report to the court, for punishment for contempt, any person for failure to appear before him, on due and sufficient notice, to give testimony or to furnish any writing, record or part of record, paper, memorandum or exhibit that may be required in evidence in any case so referred. Such master commissioner shall be allowed by the court for his services, reasonable compensation, to be taxed and paid as the court may direct.
Formerly: Acts 1881, c.30, s.7.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 2. Reinstatement of Destroyed Records › 5-15-2-8. Title to Real Estate; Quieting Title by Complaint

Sec. 8. Whenever any record of any court of this state, or any pleading or paper of the files of such court, any probated will or will filed for probate, or any execution or decretal order or other writ issued out of such court, or by the clerk thereof, has been lost or destroyed, in whole or in part, and such lost or destroyed record, paper, will, order or writ in any way forms a part of the evidence of any title to or interest in any real estate, either legal or equitable, any person holding such title to or interest in such real estate may, by complaint in the proper court of the county in which such real estate is situated, have his title to or interest in such real estate declared quieted and set at rest. All persons having or claiming any interest in such real estate shall be made defendants to such complaint and shall be served with notice as provided in section 3 of this chapter. The complaint shall specify the plaintiff's title to or interest in the real estate and shall state with reasonable certainty the record, paper, order, will or writ lost or destroyed and how the same constitutes a part of the evidence of his title to or interest in such real estate. Upon the trial of such cause, oral testimony shall be admitted of the loss or destruction, and the contents of such records, papers, wills, orders, or writs so lost or destroyed; and such rule of evidence shall be applicable to every part of such records, papers, orders, wills, or writs, the issuing of such writs, and other process of such courts, and the returns thereon, notices by publication and the proof thereof.
Formerly: Acts 1881, c.30, s.8. As amended by P.L.25-1986, SEC.86.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 2. Reinstatement of Destroyed Records › 5-15-2-9. Probate Records; Reinstatement

Sec. 9. The judge of any court having probate jurisdiction, the records of which may before March 9, 1881, have been or may after March 9, 1881, be destroyed, in whole or in part, may proceed, upon his own motion or on complaint in writing by any interested party, to reinstate the records and proceedings of such court relating to decedents' estates, guardianships, records of wills, wills probated, and wills filed for probate in said court; and for the purpose of reinstating said records, wills, papers, or proceedings, or any part thereof, may, on his own motion or on written complaint filed by any interested party, issue citations and compel the attendance of all parties for that purpose; and may, in his discretion, refer such matter to a master commissioner, as provided for in section 7 of this chapter. All persons interested shall be notified as provided for in section 3 of this chapter, or in such manner and for such time as the court may direct, and oral testimony shall be admissible of the existence, contents, and destruction of such records, papers, and wills.
Formerly: Acts 1881, c.30, s.9. As amended by P.L.25-1986, SEC.87.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 2. Reinstatement of Destroyed Records › 5-15-2-10. Judicial Records; Special Term to Reinstate Lost or Destroyed Records

Sec. 10. The judge of any court, the records or papers whereof have been or may be destroyed, in whole or in part, is hereby authorized to hold any special term or terms of said court, for such length of time and at such time or times as may to him, in his discretion seem proper for the purpose of reinstating records and papers of such court. And process may be made returnable at such special terms, and all proceedings had thereat in such cases, the same as at a regular term of said court.
Formerly: Acts 1881, c.30, s.10.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 3. Transcribing and Preserving Damaged Records › 5-15-3-1. Damage to Judicial Records; Transcription Order

Sec. 1. Whenever any civil order book, probate order book, judgment docket, entry docket or other record book in which are kept any of the records and proceedings of any circuit, superior or criminal court in this state have been or shall be damaged by fire or otherwise to the extent, that, in the opinion of the judge or such court, it is necessary in order to preserve and perpetuate the contents thereof, to transcribe the same into a new book, such judge shall make an order to be entered in the civil order book of such court ordering and directing the clerk of such court to transcribe the contents of such damaged book into a new book of like size and form, to be provided for that purpose by the county in which such court is held.
Formerly: Acts 1893, c.19, s.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 3. Transcribing and Preserving Damaged Records › 5-15-3-2. Transcription by Clerk

Sec. 2. (a) The clerk of the court shall promptly, under the direction of the court, transcribe the contents of a damaged book described in section 1 of this chapter into a new book of like size and form, in plain, legible handwriting. The clerk shall certify that the transcription is a full, true, correct, and complete transcript of the contents of the damaged book.
(b) The judge of the court shall examine the record transcribed and certified by the clerk. If the judge finds the record to be a correct transcript of the original, the judge shall certify the judge's finding, at the end of the transcript immediately after the certificate of the clerk. The judge shall include the date of the judge's certification.
Formerly: Acts 1893, c.19, s.2. As amended by P.L.171-2015, SEC.8.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 3. Transcribing and Preserving Damaged Records › 5-15-3-3. Preservation of Damaged Books

Sec. 3. Damaged books described in section 1 of this chapter shall be preserved and maintained by the office of the clerk of the court or by the Indiana state archives as set forth in IC 5-15-6-6.
Formerly: Acts 1893, c.19, s.3. As amended by P.L.171-2015, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 3. Transcribing and Preserving Damaged Records › 5-15-3-4. Transcribed Books; Treatment as Original

Sec. 4. Such transcribed book, when so made and certified, shall bear the name and number of the original damaged book of which it is a transcript, and such authenticated transcript shall be deemed, held to be, and treated as the original, and shall have the full force and effect of the original for all purposes, and shall be admitted in evidence in all cases the same as the original.
Formerly: Acts 1893, c.19, s.4. As amended by P.L.136-2018, SEC.35.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 5.1. Indiana Archives and Records Administration › 5-15-5.1-2. Application of Chapter

Sec. 2. (a) This chapter applies to records:
(1) open to the public and carrying no classification or restriction;
(2) required to be kept confidential by federal law, rule, or regulation;
(3) declared confidential by the general assembly; or
(4) declared confidential by a rule adopted under specific authority for confidential records granted to an agency by the general assembly.
(b) The provisions of this chapter do not apply to state-supported colleges and universities, but the administration may offer its services to them.
(c) The provisions of this chapter shall in no way restrict the powers and duties of the state board of accounts as prescribed by IC 5-11.
As added by Acts 1979, P.L.40, SEC.1. Amended by P.L.19-1983, SEC.8; P.L.36-1984, SEC.1; P.L.171-2015, SEC.11.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 5.1. Indiana Archives and Records Administration › 5-15-5.1-3. Creation of Archives and Records Administration; Seal; Serving Legislative and Judicial Branches

Sec. 3. There is created the Indiana archives and records administration to administer this chapter. The administration shall adopt a seal which shall be the seal of the state of Indiana. The administration shall offer its services to the legislative and judicial branches of state government.
As added by Acts 1979, P.L.40, SEC.1. Amended by P.L.171-2015, SEC.12.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 5.1. Indiana Archives and Records Administration › 5-15-5.1-4. Director; Qualifications; Staff; Salaries

Sec. 4. (a) The governor shall appoint a director as the executive head of the administration. The director must be versed in the principles of information management, archives, and the affairs and organization of state government. It is the intent of the general assembly that the director be a person who is qualified by training and experience to administer the affairs of the administration.
(b) The director, subject to the approval of the governor and the budget agency, shall appoint such staff as necessary to implement this chapter.
(c) The salary of the director is subject to the approval of the governor and the budget agency. Salaries of the staff are subject to the approval of the state personnel department and the budget agency. The provisions of IC 4-15-2.2 apply to the staff of the administration.
As added by Acts 1979, P.L.40, SEC.1. Amended by P.L.3-1989, SEC.28; P.L.100-2012, SEC.18; P.L.171-2015, SEC.13; P.L.222-2023, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 5.1. Indiana Archives and Records Administration › 5-15-5.1-5. Duties and Powers of the Archives and Records Administration

Sec. 5. (a) Subject to approval by the oversight committee on public records created by section 18 of this chapter, the administration shall do the following:
(1) Establish a forms management program for state forms.
(2) Establish and maintain a central cross index filing system of all state forms.
(3) Establish a statewide records management program, prescribing the standards and procedures for:
(A) retention and preservation of agency records; and
(B) records management training for agencies and local government.
However, the investigative and criminal history records of the state police department are exempted from this requirement.
(4) Establish and operate a statewide archival program to be called the Indiana state archives for the permanent government records of the state and local governments, provide consultant services for archival programs, conduct surveys, and provide training for records coordinators.
(5) Establish and operate a statewide records preservation laboratory.
(6) Prepare, develop, and implement records retention schedules.
(7) Establish and operate a central records center to be called the Indiana state records center, which shall accept all records approved for transfer to it, provide secure storage and reference service for the same, and submit written notice to the applicable agency of intended destruction of records in accordance with approved retention schedules.
(8) Demand from any person, organization, or body who has illegal possession of original state or local government records those records, which shall be delivered to the administration.
(9) Have the authority to examine all forms and records housed or possessed by state agencies and local governments for the purpose of fulfilling the provisions of this chapter.
(10) In coordination with the office of technology established by IC 4-13.1-2-1, establish standards to ensure the preservation of adequate and permanent computerized and auxiliary automated information records of state agencies and local government.
(11) Notwithstanding IC 5-14-3-8, establish a schedule of fees for services provided to patrons of the Indiana state archives, patrons of the state imaging and microfilm laboratory, and state agencies. A copying fee established under this subdivision may exceed the copying fee set forth in IC 5-14-3-8(c).
(12) Advise the office of technology established by IC 4-13.1-2-1 with respect to records management and archival principles as applicable to the purchase of all electronic content and information management systems.
(b) Fees collected under subsection (a)(11) shall be deposited in the state archives preservation and reproduction account established by section 5.3 of this chapter.
As added by Acts 1979, P.L.40, SEC.1. Amended by P.L.28-1983, SEC.52; P.L.58-1993, SEC.11; P.L.49-1997, SEC.29; P.L.177-2005, SEC.17; P.L.84-2012, SEC.17; P.L.171-2015, SEC.14; P.L.222-2023, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 5.1. Indiana Archives and Records Administration › 5-15-5.1-5.3. State Archives Preservation and Reproduction Account; Establishment

Sec. 5.3. (a) The state archives preservation and reproduction account (referred to in this section as "the account") is established as an account within the state general fund. The account shall be administered by the administration. The money in the account does not revert to any other account within the state general fund at the end of a state fiscal year.
(b) The account consists of fees collected under section 5(a)(11) of this chapter.
(c) Money in the account is annually appropriated to the administration for use in the preservation and reproduction of public records by the administration.
As added by P.L.58-1993, SEC.12. Amended by P.L.171-2015, SEC.15; P.L.222-2023, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 5.1. Indiana Archives and Records Administration › 5-15-5.1-6. Designing, Numbering, Standardizing, Consolidating, and Eliminating Forms; Consultation With Affected Agency or Local Government

Sec. 6. The administration shall do the following:
(1) Establish standards for the:
(A) design;
(B) redesign;
(C) numbering;
(D) standardization;
(E) consolidation; or
(F) when obsolete, elimination;
of all forms used by state government.
(2) Apply the definition of record to any governmental materials so questioned, and determine the nature of nonrecord materials housed or maintained by an agency or local government.
In performing these functions, the administration shall consult with each affected agency and local government and shall consider each agency's and local government's statutory responsibilities, its relationships with federal or other governmental agencies and the requirements of state law.
As added by Acts 1979, P.L.40, SEC.1. Amended by P.L.171-2015, SEC.16; P.L.222-2023, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 5.1. Indiana Archives and Records Administration › 5-15-5.1-6.5. Racial or Ethnic Identification Information; Multiracial Classification

Sec. 6.5. (a) This section does not apply to a printed document that was printed and in stock before July 1, 1995.
(b) As used in this section, "multiracial" means having a biological parent who is of a different race from the other biological parent.
(c) All forms, questionnaires, and other printed or electronic documents:
(1) that are used by a public agency (as defined in IC 5-14-3-2) to request information on the racial or ethnic identification of a respondent; and
(2) that contain an enumeration of racial and ethnic classifications from which the respondent must select a classification;
must include among the choices the classification multiracial.
As added by P.L.80-1995, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 5.1. Indiana Archives and Records Administration › 5-15-5.1-7. Archives Available for Public Use, Subject to Need for Preservation; Furnishing Copies of Archival Materials

Sec. 7. The administration shall make the archives of the state available for public use under supervised control at reasonable hours. However, the administration shall weigh the need for preservation from deterioration or mutilation of original records in establishing access use to such items. The administration shall furnish copies of archival materials upon request, unless confidential by law or restricted by promulgated rule, and payment of fees as may be required.
As added by Acts 1979, P.L.40, SEC.1. Amended by P.L.171-2015, SEC.17.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 5.1. Indiana Archives and Records Administration › 5-15-5.1-8. State Imaging and Microfilm Laboratory; Standards for Microfilming and Imaging Documents

Sec. 8. The administration shall operate a state imaging and microfilm laboratory. The oversight committee in coordination with the supreme court shall promulgate regulations concerning quality standards for microfilming and imaging documents that shall allow documents meeting those standards to be admissible in court. Such microfilming and imaging standards shall be followed by all state agencies and local governments.
As added by Acts 1979, P.L.40, SEC.1. Amended by P.L.171-2015, SEC.18.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 5.1. Indiana Archives and Records Administration › 5-15-5.1-9. Copies of Records Transferred to Archives and Records Administration; Force and Effect

Sec. 9. Copies of records transferred from the office of their origin to the custody of the administration, when certified by the director or the director's designee, under seal of the administration, shall have the same force and effect as if certified by the original custodian.
As added by Acts 1979, P.L.40, SEC.1. Amended by P.L.171-2015, SEC.19.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 5.1. Indiana Archives and Records Administration › 5-15-5.1-10. Duties of Agencies and Local Governments

Sec. 10. (a) Each agency and local government shall:
(1) Make and preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency and local government to protect the legal and financial rights of the government and of persons directly affected by the agency's activities and the local government's activities.
(2) Cooperate fully with the administration in implementing the provisions of this chapter.
(3) Establish and maintain an active and continuing program for the economical and efficient management of information and assist the administration in the conduct of information management surveys.
(4) Implement information management procedures and regulations issued by the administration.
(5) Establish necessary safeguards against the removal, alteration, or loss of records; safeguards shall include notification to all officials and employees of the agency or local government that records in the custody of the agency or local government may not be alienated or destroyed except in accordance with:
(A) the provisions of this chapter; and
(B) if applicable, an order of the county commission of public records under IC 5-15-6.
(b) Each agency shall do the following:
(1) Submit to the administration a recommended retention schedule for each records series in the agency's custody. However, retention schedules for records series that are common to at least two (2) agencies may be established by the oversight committee. Records may not be scheduled for retention any longer than is relevant and necessary to accomplish a statutory purpose of the agency.
(2) Follow the standards developed by the administration in creating and revising state forms.
(3) Designate an agency forms coordinator who shall:
(A) manage the creation and revision of state forms belonging to the agency;
(B) ensure that the forms created by the agency meet the standards established by the administration;
(C) submit the agency form to the administration for the administration's review and approval; and
(D) serve as a liaison between the agency and the administration for the review and approval of the state forms.
(4) Designate an agency records coordinator who shall:
(A) coordinate the creation and revision of agency records retention schedules;
(B) educate agency staff on records management processes; and
(C) serve as a liaison between the agency and the administration.
As added by Acts 1979, P.L.40, SEC.1. Amended by P.L.171-2015, SEC.20; P.L.222-2023, SEC.7.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 5.1. Indiana Archives and Records Administration › 5-15-5.1-11. Title to Records

Sec. 11. Title to any record transferred to the Indiana state archives as authorized by this chapter or IC 5-15-6 shall be vested in the administration. However, title to any record deposited in the Indiana state records center shall remain with the agency transferring that record.
As added by Acts 1979, P.L.40, SEC.1. Amended by P.L.171-2015, SEC.21.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 5.1. Indiana Archives and Records Administration › 5-15-5.1-12. Critical Records Program

Sec. 12. The administration shall establish and maintain a critical records program for the state of Indiana. It shall determine what records are essential to the continuity of state and local government operations and shall survey agency and local government records to identify those records. The administration shall plan and implement a program for protection of critical records through dispersal, duplication, or secure vault storage of those records.
As added by Acts 1979, P.L.40, SEC.1. Amended by P.L.171-2015, SEC.22.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 5.1. Indiana Archives and Records Administration › 5-15-5.1-13. Confidential Records; Destruction

Sec. 13. Records designated as confidential by law shall be so treated by the administration in the maintenance, storage, transfer, or other disposition of those records. Confidential records scheduled for destruction shall be destroyed in such a manner that they cannot be read, interpreted, or reconstructed.
As added by Acts 1979, P.L.40, SEC.1. Amended by P.L.19-1983, SEC.9; P.L.171-2015, SEC.23.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 5.1. Indiana Archives and Records Administration › 5-15-5.1-14. Mutilation, Sale, Loan, or Other Disposition of Records by Public Official or Agency

Sec. 14. A public official or agency may not mutilate, destroy, sell, loan, or otherwise dispose of any government record, except under a records retention schedule or with the written consent of the administration.
As added by Acts 1979, P.L.40, SEC.1. Amended by P.L.171-2015, SEC.24; P.L.222-2023, SEC.8.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 5.1. Indiana Archives and Records Administration › 5-15-5.1-15. Public Official's Delivery of Records to Successor; Deposit of Records With Archives and Records Administration Upon Termination of State Agency or Local Government

Sec. 15. (a) A public official who has the custody of any records, excluding personal records, shall at the expiration of the public official's term of office or appointment, deliver to the public official's successor, or to the administration if there is no successor, all materials defined as records by this chapter.
(b) Upon the termination of a state agency or local government whose functions have not been transferred to another agency or local government the records of the state agency or local government shall be deposited with the administration. The administration shall determine which records are of sufficient legal, historical, administrative, research or fiscal value to warrant their continued preservation. Records that are determined to be of insufficient value to warrant continued preservation shall be disposed of or destroyed.
As added by Acts 1979, P.L.40, SEC.1. Amended by P.L.171-2015, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 5.1. Indiana Archives and Records Administration › 5-15-5.1-16. Transfer of Records to State Archives; Agreements With Legislature and Supreme Court

Sec. 16. (a) The administration may enter into agreements with the legislative branch of government for transfer of the permanent records of that body not having current administrative value to the Indiana state archives.
(b) The administration may enter into agreements with the Indiana supreme court and court of appeals and their clerk for transfer of the permanent records of those bodies not having current administrative value to the state archives.
As added by Acts 1979, P.L.40, SEC.1. Amended by P.L.171-2015, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 5.1. Indiana Archives and Records Administration › 5-15-5.1-17. State or Local Government Official's Delivery of Books, Records, and Other Materials to Archives and Records Administration; Copying

Sec. 17. (a) A state or local government official may turn over to the administration, in accordance with existing records retention schedules or a written agreement consistent with the rules of the administration for permanent preservation, any official books, records, documents, original papers, newspaper files, or printed books or materials not in current use in the official's office.
(b) Subject to subsection (c), the administration may make a copy of any official book, record, document, original paper, newspaper, or printed book or material of any local government office for preservation in the state archives. Local government officials shall permit such copies to be made of the books, records, documents, and papers in their respective offices.
(c) The administration shall copy the official copy of the rules (including incorporated matters filed under IC 4-22-2-21) published under IC 4-22-2. Any duplicate original copy possessed by another agency is not a critical record and may not be copied. If the publisher prepares micrographic copies of these documents and the copies are in a form that meets the specifications of the administration, the administration shall arrange with the publisher to obtain the number of copies needed by the administration, rather than copying the documents as part of a separate program.
As added by Acts 1979, P.L.40, SEC.1. Amended by P.L.31-1985, SEC.42; P.L.11-1996, SEC.3; P.L.171-2015, SEC.27; P.L.222-2023, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 5.1. Indiana Archives and Records Administration › 5-15-5.1-18. Oversight Committee; Composition; Secretary; Compensation and Expenses

Sec. 18. (a) The oversight committee on public records consists ex officio of:
(1) the governor or the governor's designee;
(2) the secretary of state or the secretary's designee;
(3) the state examiner of the state board of accounts or the state examiner's designee;
(4) the director of the state library;
(5) the director of the Indiana archives and records administration;
(6) the commissioner of the department of administration or the commissioner's designee;
(7) the public access counselor;
(8) the chief information officer of the office of technology appointed under IC 4-13.1-2-3 or the chief information officer's designee; and
(9) a clerk of the circuit court or a county recorder who serves on a county commission of public records under IC 5-15-6, appointed by the governor.
(b) The oversight committee also consists of two (2) lay members appointed by the governor for a term of four (4) years. One (1) lay member shall be a professional journalist or be a member of an association related to journalism.
(c) The oversight committee shall elect one (1) of its members to be chairman. The director of the Indiana archives and records administration shall be the secretary of the committee. The ex officio members of the oversight committee shall serve without compensation and shall receive no reimbursement for any expense which they may incur. Each lay member is entitled to reimbursement for traveling and other expenses as provided in the state travel policies and procedures, established by the department of administration and approved by the budget agency and each lay member is entitled to the minimum salary per diem as provided in IC 4-10-11-2.1(b).
As added by Acts 1979, P.L.40, SEC.1. Amended by P.L.114-2001, SEC.1; P.L.177-2005, SEC.18; P.L.171-2015, SEC.28; P.L.42-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 5.1. Indiana Archives and Records Administration › 5-15-5.1-19. Duties of Oversight Committee

Sec. 19. (a) It is the duty of the oversight committee to:
(1) function as the policy making body for the administration; and
(2) determine what records have no apparent official value but should be preserved for research or other purposes.
(b) The oversight committee has final approval of all records retention schedules.
(c) The oversight committee has final approval of a fee schedule established by the administration under section 5(a)(11) of this chapter.
As added by Acts 1979, P.L.40, SEC.1. Amended by P.L.19-1983, SEC.10; P.L.58-1993, SEC.13; P.L.171-2015, SEC.29; P.L.222-2023, SEC.10.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 5.1. Indiana Archives and Records Administration › 5-15-5.1-20. Establishment of Standards by Oversight Committee; Forms; Records Using Archival Materials, Processes, and Standards; Rules

Sec. 20. (a) The oversight committee shall require use of archival materials, processes, and standards for records that the administration determines should be preserved indefinitely.
(b) The oversight committee may adopt rules under IC 4-22-2 necessary for the performance of its duties, consistent with this chapter and other applicable Indiana laws.
As added by Acts 1979, P.L.40, SEC.1. Amended by P.L.19-1983, SEC.11; P.L.30-1989, SEC.3; P.L.171-2015, SEC.30; P.L.222-2023, SEC.11.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 6. Local Public Records Commissions › 5-15-6-1. County Commissions of Public Records; Creation; Membership; Meetings

Sec. 1. (a) A commission is hereby created in each county of the state which shall be known as the county commission of public records of ________________ county.
(b) The county commission shall consist, ex officio, of:
(1) the judge of the circuit court or the judge's designee;
(2) the president of the board of county commissioners or the president's designee;
(3) the county auditor or the auditor's designee;
(4) the clerk of the circuit court or the clerk's designee;
(5) the county recorder or the recorder's designee;
(6) the superintendent of schools of the school district in which the county seat is located or the superintendent's designee; and
(7) either:
(A) the city controller of the county seat city or the city controller's designee; or
(B) if there is no city controller as described in clause (A), then the clerk-treasurer of the county seat city or town.
(c) The commission shall elect one (1) of its members to be chairman. The clerk of the circuit court or the county recorder must be secretary of the commission. The person who serves as secretary shall be determined as follows:
(1) By mutual agreement of the clerk of the circuit court and the county recorder.
(2) If a mutual agreement cannot be reached under subdivision (1), by an affirmative vote of a majority of members of the county commission.
The commission shall provide to the administration the names and contact information for the chairman and secretary not later than thirty (30) days after the date of the determination. The members of the county commission shall serve without compensation and shall receive no disbursement for any expense.
(d) The county commission shall meet at least one (1) time in each calendar year.
Formerly: Acts 1939, c.91, s.1; Acts 1955, c.319, s.1; Acts 1969, c.141, s.1; Acts 1972, P.L.41, SEC.1. As amended by P.L.50-1991, SEC.3; P.L.78-2014, SEC.1; P.L.171-2015, SEC.31.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 6. Local Public Records Commissions › 5-15-6-1.2. "County Commission" or "Commission"

Sec. 1.2. As used in this chapter, "county commission" or "commission" refers to the county commission of public records created by section 1 of this chapter.
As added by P.L.50-1991, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 6. Local Public Records Commissions › 5-15-6-1.3. "Indiana State Archives"

Sec. 1.3. As used in this chapter, "Indiana state archives" has the meaning set forth in IC 5-15-5.1-1.
As added by P.L.50-1991, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 6. Local Public Records Commissions › 5-15-6-1.4. "Local Government"

Sec. 1.4. As used in this chapter, "local government" means a political subdivision (as defined in IC 36-1-2-13).
As added by P.L.50-1991, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 6. Local Public Records Commissions › 5-15-6-1.5. "Public Record" or "Record"

Sec. 1.5. As used in this chapter, "public record" or "record" means a record (as defined in IC 5-15-5.1-1), except that "public record" or "record" means local government rather than state and local government documentation.
As added by P.L.50-1991, SEC.7. Amended by P.L.171-2015, SEC.33.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 6. Local Public Records Commissions › 5-15-6-1.6. "Records Management"

Sec. 1.6. As used in this chapter, "records management" means a program to apply management techniques to the purchase, creation, utilization, maintenance, retention, preservation, and disposal of records undertaken to improve efficiency and reduce costs of record keeping, including management of the following:
(1) Filing and microfilming equipment and supplies.
(2) Filing and information retrieval systems.
(3) Records.
(4) Historical documentation.
(5) Micrographic retention programming.
(6) Critical records protection.
As added by P.L.50-1991, SEC.8.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 6. Local Public Records Commissions › 5-15-6-1.7. "Retention Schedule"

Sec. 1.7. As used in this chapter, "retention schedule" has the meaning set forth in IC 5-15-5.1-1.
As added by P.L.50-1991, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 6. Local Public Records Commissions › 5-15-6-2. Duties of County Commission

Sec. 2. (a) It shall be the duty of the county commission to review and approve orders under section 7 of this chapter subject to compliance with an approved retention schedule.
(b) The county commission may request the assistance of the administration in developing records management programs.
Formerly: Acts 1939, c.91, s.2. As amended by Acts 1979, P.L.40, SEC.17; P.L.50-1991, SEC.10; P.L.171-2015, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 6. Local Public Records Commissions › 5-15-6-2.5. Retention Schedules; Records Not Covered Under Schedules; Exceptions to Schedules; Documentation of Disposition; Jurisdiction Over Records

Sec. 2.5. (a) The county commission shall implement retention schedules for use by local government officials as part of a records management program for local government public records not more than thirty (30) days after adoption by the oversight committee on public records as established by IC 5-15-5.1-18.
(b) All requests to destroy, transfer, or otherwise dispose of records that are not covered by an approved retention schedule are to be submitted to the county commission and administration according to the procedure established under this chapter.
(c) Requests for exceptions to an approved retention schedule shall be submitted to the county commission. The commission may not consider requests for retention of records that are shorter in duration than the approved retention schedule.
(d) Local government officers shall submit documentation of destruction, transfer, or other disposal of records according to an approved retention schedule to the county commission with a copy submitted to the administration.
(e) Whenever a local government includes parts of more than one (1) county, the commission of the county that contains the greatest percentage of population of the local government has jurisdiction over the records of the local government for the purposes of this chapter.
As added by P.L.50-1991, SEC.11. Amended by P.L.84-2012, SEC.18; P.L.171-2015, SEC.35.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 6. Local Public Records Commissions › 5-15-6-3. Prerequisites to Destruction of Financial Records

Sec. 3. No financial records or records relating to financial records shall be destroyed until the earlier of the following actions:
(1) The audit of the records by the state board of accounts has been completed, report filed, and any exceptions set out in the report satisfied.
(2) The financial record or records have been copied or reproduced in accordance with a retention schedule or with the written consent of the administration.
Formerly: Acts 1939, c.91, s.3; Acts 1955, c.319, s.2. As amended by P.L.50-1991, SEC.12; P.L.74-1995, SEC.5; P.L.47-1997, SEC.1; P.L.10-1997, SEC.10; P.L.79-1998, SEC.9; P.L.171-2015, SEC.36.
2023 Indiana Code › Title 5. State and Local Administration › Article 15. Preservation of Public Records › Chapter 6. Local Public Records Commissions › 5-15-6-4. Prohibition Against Destroying or Removing Records Less Than Three Years After Filing Except According to Approved Retention Schedule

Sec. 4. (a) Except as provided in subsection (b), no records shall be destroyed, removed, or transferred from any office until a period of at least three (3) years shall have elapsed from the date on which the records were filed, nor even after that time if the records are in frequent use by the officer having charge of the office.
(b) Records may be destroyed, removed, or transferred from any office before three (3) years elapse after the date on which the records were filed if the destruction, removal, or transfer is according to an approved retention schedule.
Formerly: Acts 1939, c.91, s.4. As amended by P.L.50-1991, SEC.13; P.L.171-2015, SEC.37.