§ 5-15-6-7 — Order of commission that public records be destroyed, removed, or transferred; genealogical or historical society may obtain records

Indiana § 5-15-6-7

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 15: PRESERVATION OF PUBLIC RECORDS
• Ch. 6: Local Public Records Commissions

Text

(a) When any public records are ordered to be
destroyed, removed, or transferred, the commission shall enter an order
to that effect on its minutes, stating the date on which the order is
entered and a general description of the public records which the
commission orders to be destroyed, removed, or transferred.
(b) A copy of any order to destroy public records shall be delivered
to:
(1) the administration;
(2) any active genealogical society of the county; and
(3) any active historical society of the county;
not later than sixty (60) days before the destruction date, accompanied
by a written statement that the Indiana state archives or society may
procure at its expense such records for its own purposes.
(c) The order delivered under subsection (b) must state that the
records will be made available to the Indiana state archives, the
genealogical society, or the historical society subject to the following
provisions:
(1) Genealogical or historical societies of the county which have
an active organization shall have priority in the procuring of the
public records.
(2) If there is more than one (1) genealogical or historical society
of the county with an active organization, the earliest established
genealogical or historical society shall have priority in the
procuring of the public records.
(3) In order to procure all or part of the public records included in
the order, a genealogical or historical society must offer to the
Indiana state archives sufficient proof of ability to properly
preserve the records in question, or the state archives may deny
the records to the genealogical or historical society and give
priority to another genealogical or historical society in the county
or the Indiana state archives.
(4) If within thirty (30) days of the delivery of the destruction
order to the genealogical or historical society, the society has not
notified the commission of an intent to procure all or part of the
records included in the order, the Indiana state archives may upon
request procure at the archive's expense the records for the
archive's own purposes within the remaining time in the sixty (60)
day period.
(5) If a genealogical or historical society that has obtained records
under this section subsequently wishes to destroy, transfer, or
otherwise dispose of these records, the genealogical or historical
society shall submit a request to the county commission for
authorization to destroy, transfer, or otherwise dispose of the
records according to the procedure set forth in this chapter.
(6) Records obtained by a genealogical or historical society under
this chapter remain public records and are subject to all
applicable public records laws.
Formerly: Acts 1939, c.91, s.7; Acts 1963, c.341, s.1. As
amended by P.L.51-1991, SEC.1; P.L.50-1991, SEC.16; P.L.171-2015,
SEC.40.