HB 1304 Summary

• Public agencies may refuse to provide in-person access, paper copies, or electronic delivery of public records if those records are available through the agency's website.

• Requesters must attest under penalty of perjury that they attempted to access records through the agency's website but were unable to due to a malfunction.

• Public agencies cannot refuse access or refuse to provide copies if records cannot be retrieved electronically due to website malfunctions.

• A website malfunction that prevents electronic retrieval constitutes a denial of disclosure under Indiana public records law; a refusal based on website availability does not.

• Effective July 1, 2011.