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

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

Sec. 7. (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.