Synopsis: Disclosure of electronic mail account addresses. Provides
that a public agency: (1) is not required to create or provide lists of
electronic mail account addresses unless required by statute; (2) is not
required to allow a person to inspect and make memoranda abstracts
from a list of electronic mail account addresses; (3) may not disclose
certain lists (including electronic mail account addresses) to
commercial entities for commercial purposes; and (4) may not disclose
certain lists (including electronic mail account addresses) to any
individual or entity for political purposes. Provides that if a prohibited
disclosure nevertheless occurs, a commercial entity may not use the
disclosed information for commercial purposes and any individual or
entity may not use the disclosed information for political purposes.
Defines political purposes.
Effective: Upon passage.
January 9, 2006, read first time and referred to Committee on Economic Development and
Technology.
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
account addresses) described in subdivisions (1) through (3) may
not be disclosed by public agencies to any individual or entity for
political purposes and may not be used by any individual or entity
for political purposes. In addition, the lists of names and addresses
(including electronic mail account addresses) described in
subdivisions (1) through (3) may not by disclosed by public
agencies to commercial entities for commercial purposes and may not
be used by commercial entities for commercial purposes. The
prohibition in this subsection against the disclosure of lists for
political or commercial purposes applies to the following lists of
names and addresses (including electronic mail account addresses):
unless otherwise provided by applicable statute;
(HOUSE SPONSORS _ KOCH, HEIM)
January 19, 2006, reported favorably _ Do Pass.
January 24, 2006, read second time, amended, ordered engrossed.
January 25, 2006, engrossed.
January 26, 2006, read third time, passed. Yeas 48, nays 0.
February 2, 2006, read first time and referred to Committee on Government and Regulatory
Reform.
February 21, 2006, reported _ Do Pass.
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 2005 Regular Session of the General Assembly.
(1) identify with reasonable particularity the record being
requested; and
(2) be, at the discretion of the agency, in writing on or in a form
provided by the agency.
No request may be denied because the person making the request
refuses to state the purpose of the request, unless such condition is
required by other applicable statute.
(b) A public agency may not deny or interfere with the exercise of
the right stated in subsection (a). The public agency shall either:
(1) provide the requested copies to the person making the request;
or
(2) allow the person to make copies:
(A) on the agency's equipment; or
(B) on the person's own equipment.
(c) Notwithstanding subsections (a) and (b), a public agency may or
may not do the following:
(1) In accordance with a contract described in section 3.5 of this
chapter, permit a person to inspect and copy through the use of
enhanced access public records containing information owned by
or entrusted to the public agency.
(2) Permit a governmental entity to use an electronic device to
inspect and copy public records containing information owned by
or entrusted to the public agency.
(d) Except as provided in subsection (e), a public agency that
maintains or contracts for the maintenance of public records in an
electronic data storage system shall make reasonable efforts to provide
to a person making a request a copy of all disclosable data contained
in the records on paper, disk, tape, drum, or any other method of
electronic retrieval if the medium requested is compatible with the
agency's data storage system. This subsection does not apply to an
electronic map.
(e) A state agency may adopt a rule under IC 4-22-2, and a political
subdivision may enact an ordinance, prescribing the conditions under
which a person who receives information on disk or tape under
subsection (d) may or may not use the information for commercial
purposes, including to sell, advertise, or solicit the purchase of
merchandise, goods, or services, or sell, loan, give away, or otherwise
deliver the information obtained by the request to any other person for
these purposes. Use of information received under subsection (d) in
connection with the preparation or publication of news, for nonprofit
activities, or for academic research is not prohibited. A person who
uses information in a manner contrary to a rule or ordinance adopted
under this subsection may be prohibited by the state agency or political
subdivision from obtaining a copy or any further data under subsection
(d).
(f) Notwithstanding the other provisions of this section, a public
agency is not required to create or provide copies of lists of names and
addresses (including electronic mail account addresses) unless the
public agency is required to publish such lists and disseminate them to
the public under a statute. However, if a public agency has created a
list of names and addresses (excluding electronic mail account
addresses) it must permit a person to inspect and make memoranda
abstracts from the list unless access to the list is prohibited by law. The
following lists of names and addresses (including electronic mail
(1) A list of employees of a public agency.
(2) A list of persons attending conferences or meetings at a state
institution of higher education or of persons involved in programs
or activities conducted or supervised by the state institution of
higher education.
(3) A list of students who are enrolled in a public school
corporation if the governing body of the public school corporation
adopts a policy:
(A) with respect to disclosure related to a commercial
purpose, prohibiting the disclosure of the list to commercial
entities for commercial purposes; or
(B) with respect to disclosure related to a commercial
purpose, specifying the classes or categories of commercial
entities to which the list may not be disclosed or by which the
list may not be used for commercial purposes; or
(C) with respect to disclosure related to a political purpose,
prohibiting the disclosure of the list to individuals and
entities for political purposes.
A policy adopted under subdivision (3) (3)(A) or (3)(B) must be
uniform and may not discriminate among similarly situated commercial
entities. For purposes of this subsection, "political purposes" means
influencing the election of a candidate for federal, state, legislative,
local, or school board office or the outcome of a public question or
attempting to solicit a contribution to influence the election of a
candidate for federal, state, legislative, local, or school board office
or the outcome of a public question.
(g) A public agency may not enter into or renew a contract or an
obligation:
(1) for the storage or copying of public records; or
(2) that requires the public to obtain a license or pay copyright
royalties for obtaining the right to inspect and copy the records
if the contract, obligation, license, or copyright unreasonably impairs
the right of the public to inspect and copy the agency's public records.
(h) If this section conflicts with IC 3-7, the provisions of IC 3-7
apply.