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Indiana State Laws on Optical Images

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State Archivist and Records Manager:

F. Gerald Handfield, Jr., Director

Indiana Commission on Public Records

402 W. Washington St., W472, Indianapolis IN 46204

317-232-3373 fax: 317-232-3154


Marta O'Neill, Deputy Director / Preservation Officer

Indiana State Archives

140 N. Senate Ave., Rm. 117, Indianapolis IN 46204

317-232-3656

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IC 34-3 Chapter 15. Records: Photocopy of Business Records Deemed an Original Record


Title 34


Chapter 15. Records: Photocopy of Business Records Deemed an Original Record

Section 34-3-15-1 Any business may cause any or all records kept by such

business to be recorded, copied, or reproduced by any photographic,

photostatic, miniature photographic, or optical imaging process which

correctly, accurately, and permanently copies, reproduces, or forms a

medium for copying or reproducing the original record on a film or other

durable material, and such business may thereafter dispose of the original

record. ...

Section 34-3-15-2 Any such photographic, photostatic, miniature

photographic, or optical image copy or reproduction shall be deemed to be

an original record for all purposes and shall be treated as an original

record in all courts or administrative agencies for the purpose of its

admissibility in evidence. A facsimile, exemplification, or certified copy

of any such photographic or optical image copy or reproduction shall, for

all purposes, be deemed a facsimile, an exemplification, or a certified

copy of the original record. ...

Section 34-3-15-3 For purposes of this chapter "business" shall mean and

include each business, bank, industry, profession, occupation and calling

of every kind. ...


Title 5

Indiana Code 5-15-1-1

Enacted 1947, Amended 1995


IC 5-15-1-1 Sec. 1. (a) Any officer, office, court, commission, board,

institution, department, agent, or employee of the state, county, or

any political subdivision being charged with the duty or authorized or

required by law to record, preserve, keep, maintain, or file any

record, document, plat, paper or instrument-in-writing, may,

whenever any such officer, office, court, commission, board,

institution, department, agent, or employee of the state, county, or

any political subdivision shall deem it necessary, for the purpose of

recording or copying same, preserving and protecting same, reducing

space required for storage or filing of same, or any similar purpose,

have or cause to have any or all such records recorded, copied, or

reproduced by any photostatic, photographic, micrographic,

electronic, or other process which correctly and accurately copies or

reproduces, recreates, or forms a medium of copying or reproducing the

original record, document, plat, paper, or instrument-in-writing.

Any officer, office, court, commission, board, institution,

department, agent, or employee of the state may have or cause to have

records recorded, copied, or reproduced under this subsection by any

optical imaging process that correctly and accurately copies or

reproduces, recreates, or forms a medium of copying or reproducing the

original record, document, plat, paper, or instrument-in-writing.

(b) The original filing record may be destroyed if:

(1) the record has been copied or is capable of being reproduced or

recreated under subsection (a); and

(2) the commission on public records, as to state records, or the

commission of public records of the respective county, as to records of

counties and other local units of government, has decided to destroy

the original record.

(c) Copies, recreations, or reproductions made under subsection (a):

(1) shall have the same force and effect at law as the original record

destroyed under subsection (b); and

(2) shall be received as evidence in any court where the original

record could have been so introduced;

if the recreations, copies, or reproductions are properly certified

as to authenticity and accuracy by a duly constituted official

custodian of such records.

(d) All micrographics processes done under this chapter shall comply

with the quality standards developed under IC 5-15-5.1-8.

(e) This section does not apply to the state court administration

division of the supreme court.


(Formerly: Acts 1947, c.195, s.1.) As amended by Acts 1979, P.L.40, SEC.16;

P.L.50-1991, SEC.2; P.L.79-1995, SEC.1.


Title 5

Indiana Code 5-15-6-3

Enacted 1939, Amended 1995


IC 5-15-6-3 Sec. 3. (a) All public records which, in the judgment of the

commission, have no official or historical value, and which occupy

space to no purpose in the offices and storerooms of the local

government of a county, shall be destroyed or otherwise disposed of.

Except as provided in subsection (b), such records shall not be

destroyed until a period of at least three (3) years shall have elapsed

from the time when the records were originally filed, and no public

records shall be destroyed within a period of three (3) years if the law

provides that they shall be kept for a longer period of time, or if the law

prohibits their destruction.

(b) Records may be destroyed before three (3) years elapse after the

date when the records were originally filed if:

(1) the destruction is according to an approved retention schedule; and

(2) the requirements of subsection (c) are met.

(c) No financial records or records relating thereto shall be

destroyed until 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.

(d) As used in this section, "public records" or "records" includes

records that have been recorded, copied, or reproduced by a

photographic, photostatic, miniature photographic, or opticalimaging process that correctly, accurately, and permanently copies,

reproduces, or forms a medium for copying or reproducing the original

record on a film or other durable material. Original records may be

disposed of in accordance with subsection (e), if the record has been

copied or reproduced as described in this subsection and the copy must

be treated as an original.

(e) Not withstanding subsection (b), original records may be disposed

of only with the approval of the commission according to guidelines

established by the commission. However, the guidelines established

by the commission must require that original records may not be

destroyed until the requirements of subsection (c) are satisfied.


(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.

 

 

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