Indiana State Laws on Optical Images
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
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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