Ind. Code ch. 34-61-3

in effect

Ind. Code § 34-61-3-1 Duties of an official publisher

Sec. 1. (a) If an official publisher publishes legal material only in an electronic record, the publisher shall: (1) designate the electronic record as official; and (2) comply with sections 2, 4, and 5 of this chapter. (b) An official publisher that publishes legal material in an electronic record and also publishes the material in a record other than an electronic record may designate the electronic record as official if the publisher complies with sections 2, 4, and 5 of this chapter. As added by P.L.11-2022, SEC.1.

Ind. Code § 34-61-3-2 Authentication

Sec. 2. An official publisher of legal material in an electronic record that is designated as official under section 1 of this chapter shall authenticate the record. To authenticate an electronic record, the publisher shall provide a method for a user to determine that the record received by the user from the publisher is unaltered from the official record published by the publisher. As added by P.L.11-2022, SEC.1.

Ind. Code § 34-61-3-3 Presumption that authenticated legal material is an accurate copy

Sec. 3. (a) Legal material in an electronic record that is authenticated under section 2 of this chapter is presumed to be an accurate copy of the legal material. (b) If another state has adopted a law substantially similar to this article, legal material in an electronic record that is designated as official and authenticated by the official publisher in that state is presumed to be an accurate copy of the legal material. (c) A party contesting the authentication of legal material in an electronic record authenticated under section 2 of this chapter has the burden of proving by a preponderance of the evidence that the record is not authentic. As added by P.L.11-2022, SEC.1.

Ind. Code § 34-61-3-4 Preservation and security of records

Sec. 4. (a) An official publisher of legal material in an electronic record that is or was designated as official under section 1 of this chapter shall provide for the preservation and security of the record in an electronic form or a form that is not electronic. (b) If legal material is preserved under subsection (a) in an electronic record, the official publisher shall: (1) ensure the integrity of the record; (2) provide for backup and disaster recovery of the record; and (3) ensure the continuing usability of the material. As added by P.L.11-2022, SEC.1.

Ind. Code § 34-61-3-5 Duty of publisher to assure that records are available to the public

Sec. 5. An official publisher of legal material in an electronic record that is required to be preserved under section 4 of this chapter shall ensure that the material is reasonably available for use by the public on a permanent basis. As added by P.L.11-2022, SEC.1.

Ind. Code § 34-61-3-6 Implementation

Sec. 6. In implementing this article, an official publisher of legal material in an electronic record shall consider: (1) standards and practices of other jurisdictions; (2) the most recent standards regarding authentication of, preservation and security of, and public access to legal material in an electronic record and other electronic records, as promulgated by national standard setting bodies; (3) the needs of users of legal material in an electronic record; (4) the views of governmental officials and entities and other interested persons; and (5) to the extent practicable, methods and technologies for the authentication of, preservation and security of, and public access to legal material that are compatible with the methods and technologies used by other official publishers in Indiana and in other states that have adopted a law substantially similar to this article. As added by P.L.11-2022, SEC.1.

Ind. Code § 34-61-3-7 Uniformity

Sec. 7. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. As added by P.L.11-2022, SEC.1.

Ind. Code § 34-61-3-8 Effect on the Electronic Signatures in Global and National Commerce Act

Sec. 8. This article modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. 7003(b). As added by P.L.11-2022, SEC.1.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/34Fetched: 10/17/2026