IN
Indiana House Bill HB1167

Indiana 2023 Regular Session

Indiana House Bill HB1167 Compare Versions

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1+*EH1167.1*
2+March 28, 2023
3+ENGROSSED
4+HOUSE BILL No. 1167
5+_____
6+DIGEST OF HB 1167 (Updated March 27, 2023 11:02 am - DI 87)
7+Citations Affected: IC 5-14; IC 34-30.
8+Synopsis: Live streaming and archiving meetings. Requires governing
9+bodies of state and local agencies (excluding a state supported college
10+or university) to provide, on a publicly accessible platform: (1) live
11+transmissions of public meetings; and (2) an archive of copies of the
12+live transmissions with links to any meeting agendas, minutes, or
13+memoranda. Provides that if a governing body does not have Internet
14+capability for live transmission of public meetings, the governing body
15+shall record the meeting. Provides that transmissions and recordings of
16+public meetings may be destroyed after 90 days.
17+Effective: July 1, 2025.
18+Smaltz, Pressel, Miller D, Abbott
19+(SENATE SPONSORS — BUCK, GASKILL, JOHNSON T)
20+January 10, 2023, read first time and referred to Committee on Government and Regulatory
21+Reform.
22+January 24, 2023, amended, reported — Do Pass. Referred to Committee on Ways and
23+Means pursuant to Rule 127.
24+February 9, 2023, amended, reported — Do Pass.
25+February 13, 2023, read second time, amended, ordered engrossed.
26+February 14, 2023, engrossed. Read third time, passed. Yeas 86, nays 9.
27+SENATE ACTION
28+February 27, 2023, read first time and referred to Committee on Local Government.
29+March 27, 2023, amended, reported favorably — Do Pass.
30+EH 1167—LS 7295/DI 87 March 28, 2023
131 First Regular Session of the 123rd General Assembly (2023)
232 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
333 Constitution) is being amended, the text of the existing provision will appear in this style type,
434 additions will appear in this style type, and deletions will appear in this style type.
535 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
636 provision adopted), the text of the new provision will appear in this style type. Also, the
737 word NEW will appear in that style type in the introductory clause of each SECTION that adds
838 a new provision to the Indiana Code or the Indiana Constitution.
939 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1040 between statutes enacted by the 2022 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1167
12-AN ACT to amend the Indiana Code concerning state and local
13-administration.
41+ENGROSSED
42+HOUSE BILL No. 1167
43+A BILL FOR AN ACT to amend the Indiana Code concerning state
44+and local administration.
1445 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 5-14-1.5-2.9 IS ADDED TO THE INDIANA
16-CODE AS A NEW SECTION TO READ AS FOLLOWS
17-[EFFECTIVE JULY 1, 2025]: Sec. 2.9. (a) This section does not
18-apply to the following:
19-(1) A meeting under section 6.1 of this chapter.
20-(2) A state educational institution.
21-(b) This section applies only to the following:
22-(1) A governing body of a state agency.
23-(2) The following governing bodies of agencies that are not
24-state agencies:
25-(A) The executive (as defined in IC 36-1-2-5), legislative
26-body (as defined in IC 36-1-2-9), or fiscal body
27-(IC 36-1-2-6) of a county, city, town, or township.
28-(B) A school board that has members who are elected.
29-(C) Any governing body that conducts the governing
30-body's regular meetings in the same meeting room in
31-which a governing body described in clause (A) or (B)
32-conducts its regular meetings.
33-(c) Except as provided in subsection (e), a governing body shall
34-provide on a publicly accessible platform of the public agency's
35-choice, the following:
36-HEA 1167 — Concur 2
37-(1) Live transmissions of the governing body's meetings.
38-(2) Archived copies of the live transmissions described in
39-subdivision (1). Each archived copy of a live transmission
40-must provide access by links to the meeting's:
41-(A) agenda, if any;
42-(B) minutes, if any; and
43-(C) memoranda.
44-(d) A governing body shall include the website for live
45-transmissions and archived copies of live transmissions in the
46-meeting notice.
47-(e) If a governing body does not have Internet capability for live
48-transmission of meetings, the governing body shall record the
49-meeting and retain the recording as provided in subsection (f).
50-(f) The public agency is subject to the following:
51-(1) The public agency shall make a copy of the transmission
46+1 SECTION 1. IC 5-14-1.5-2.9 IS ADDED TO THE INDIANA
47+2 CODE AS A NEW SECTION TO READ AS FOLLOWS
48+3 [EFFECTIVE JULY 1, 2025]: Sec. 2.9. (a) This section does not
49+4 apply to the following:
50+5 (1) A meeting under section 6.1 of this chapter.
51+6 (2) A state educational institution.
52+7 (b) This section applies only to the following:
53+8 (1) A governing body of a state agency.
54+9 (2) The following governing bodies of agencies that are not
55+10 state agencies:
56+11 (A) The executive (as defined in IC 36-1-2-5), legislative
57+12 body (as defined in IC 36-1-2-9), or fiscal body
58+13 (IC 36-1-2-6) of a county, city, town, or township.
59+14 (B) A school board that has members who are elected.
60+15 (C) Any governing body that conducts the governing
61+16 body's regular meetings in the same meeting room in
62+17 which a governing body described in clause (A) or (B)
63+EH 1167—LS 7295/DI 87 2
64+1 conducts its regular meetings.
65+2 (c) Except as provided in subsection (e), a governing body shall
66+3 provide on a publicly accessible platform of the public agency's
67+4 choice, the following:
68+5 (1) Live transmissions of the governing body's meetings.
69+6 (2) Archived copies of the live transmissions described in
70+7 subdivision (1). Each archived copy of a live transmission
71+8 must provide access by links to the meeting's:
72+9 (A) agenda, if any;
73+10 (B) minutes, if any; and
74+11 (C) memoranda.
75+12 (d) A governing body shall include the website for live
76+13 transmissions and archived copies of live transmissions in the
77+14 meeting notice.
78+15 (e) If a governing body does not have Internet capability for live
79+16 transmission of meetings, the governing body shall record the
80+17 meeting and retain the recording as provided in subsection (f).
81+18 (f) The public agency is subject to the following:
82+19 (1) The public agency shall make a copy of the transmission
83+20 or recording available for public inspection and copying or
84+21 downloading for at least ninety (90) days after the date of the
85+22 meeting. The public agency shall, at the public agency's
86+23 discretion, permit a person to inspect and copy or download
87+24 the transmission or recording:
88+25 (A) without charge, from a publicly accessible platform of
89+26 the public agency's choosing; or
90+27 (B) from the public agency's data storage system:
91+28 (i) upon a request submitted by the person under
92+29 IC 5-14-3-3; and
93+30 (ii) during the regular business hours of the public
94+31 agency.
95+32 The public agency may charge a fee under IC 5-14-3-8 for
96+33 providing a copy or downloaded copy under clause (B).
97+34 (2) More than ninety (90) days after the date of the meeting,
98+35 the public agency may destroy the transmission or recording.
99+36 (g) A technological failure that disrupts or prevents the
100+37 governing body from live streaming, recording, archiving, or
101+38 maintaining a copy of a live transmission or recording of a meeting
102+39 does not:
103+40 (1) prevent the governing body from conducting the meeting;
104+41 (2) affect the validity of an action taken by the governing body
105+42 at the meeting;
106+EH 1167—LS 7295/DI 87 3
107+1 (3) violate this chapter or any statute concerning the
108+2 retention, preservation, or production of public records; or
109+3 (4) subject any person to civil or criminal liability.
110+4 SECTION 2. IC 34-30-2.1-40.5 IS ADDED TO THE INDIANA
111+5 CODE AS A NEW SECTION TO READ AS FOLLOWS
112+6 [EFFECTIVE JULY 1, 2025]: Sec. 40.5. IC 5-14-1.5-2.9 (Concerning
113+7 public officers, public employees, or other entities for a
114+8 technological failure that prevents transmission or recording of a
115+9 meeting).
116+EH 1167—LS 7295/DI 87 4
117+COMMITTEE REPORT
118+Mr. Speaker: Your Committee on Government and Regulatory
119+Reform, to which was referred House Bill 1167, has had the same
120+under consideration and begs leave to report the same back to the
121+House with the recommendation that said bill be amended as follows:
122+Page 2, delete lines 8 through 10, begin a new line block indented
123+and insert:
124+"(1) The public agency shall make a copy of the transmission
52125 or recording available for public inspection and copying or
53126 downloading for at least ninety (90) days after the date of the
54127 meeting. The public agency shall, at the public agency's
55128 discretion, permit a person to inspect and copy or download
56129 the transmission or recording:
57130 (A) without charge, from a publicly accessible platform of
58131 the public agency's choosing; or
59132 (B) from the public agency's data storage system:
60133 (i) upon a request submitted by the person under
61134 IC 5-14-3-3; and
62135 (ii) during the regular business hours of the public
63136 agency.
64137 The public agency may charge a fee under IC 5-14-3-8 for
65-providing a copy or downloaded copy under clause (B).
66-(2) More than ninety (90) days after the date of the meeting,
67-the public agency may destroy the transmission or recording.
68-(g) A technological failure that disrupts or prevents the
138+providing a copy or downloaded copy under clause (B).".
139+Page 2, line 11, delete "three (3) years" and insert "ninety (90)
140+days".
141+Page 2, after line 17, begin a new paragraph and insert:
142+"(g) A technological failure that disrupts or prevents the
69143 governing body from live streaming, recording, archiving, or
70144 maintaining a copy of a live transmission or recording of a meeting
71145 does not:
72146 (1) prevent the governing body from conducting the meeting;
73147 (2) affect the validity of an action taken by the governing body
74148 at the meeting;
75149 (3) violate this chapter or any statute concerning the
76150 retention, preservation, or production of public records; or
77151 (4) subject any person to civil or criminal liability.
78152 SECTION 2. IC 34-30-2.1-40.5 IS ADDED TO THE INDIANA
79-HEA 1167 — Concur 3
80153 CODE AS A NEW SECTION TO READ AS FOLLOWS
81-[EFFECTIVE JULY 1, 2025]: Sec. 40.5. IC 5-14-1.5-2.9 (Concerning
154+[EFFECTIVE JULY 1, 2023]: Sec. 40.5. IC 5-14-1.5-2.9 (Concerning
82155 public officers, public employees, or other entities for a
83156 technological failure that prevents transmission or recording of a
84-meeting).
85-HEA 1167 — Concur Speaker of the House of Representatives
86-President of the Senate
87-President Pro Tempore
88-Governor of the State of Indiana
89-Date: Time:
90-HEA 1167 — Concur
157+meeting).".
158+EH 1167—LS 7295/DI 87 5
159+Renumber all SECTIONS consecutively.
160+and when so amended that said bill do pass.
161+(Reference is to HB 1167 as introduced.)
162+MILLER D
163+Committee Vote: yeas 11, nays 0.
164+_____
165+COMMITTEE REPORT
166+Mr. Speaker: Your Committee on Ways and Means, to which was
167+referred House Bill 1167, has had the same under consideration and
168+begs leave to report the same back to the House with the
169+recommendation that said bill be amended as follows:
170+Page 1, line 3, delete "This section does not" and insert "This
171+section does not apply to the following:
172+(1) A meeting under section 6.1 of this chapter.
173+(2) A state educational institution.
174+(b) This section applies only to the following:
175+(1) A governing body of a state agency.
176+(2) The following governing bodies of agencies that are not
177+state agencies:
178+(A) The executive (as defined in IC 36-1-2-5), legislative
179+body (as defined in IC 36-1-2-9), or fiscal body (IC
180+36-1-2-6) of a county, city, town, or township.
181+(B) A school board that has members who are elected.
182+(C) Any governing body that conducts the governing
183+body's regular meetings in the same meeting room in
184+which a governing body described in clause (A) or (B)
185+conducts its regular meetings.
186+(D) After June 30, 2024, any governing body that is not
187+described in clause (A), (B), or (C).".
188+Page 1, delete lines 4 through 5.
189+Page 2, line 5, delete "Copies of live transmissions under subsection
190+(c) and".
191+Page 2, line 6, delete "recorded copies under subsection (e) are
192+permanent records.".
193+Page 2, line 24, delete "transfer a copy of the transmission or" and
194+insert "destroy the transmission or recording.".
195+EH 1167—LS 7295/DI 87 6
196+Page 2, delete lines 25 through 29.
197+and when so amended that said bill do pass.
198+(Reference is to HB 1167 as printed January 24, 2023.)
199+THOMPSON
200+Committee Vote: yeas 24, nays 0.
201+_____
202+HOUSE MOTION
203+Mr. Speaker: I move that House Bill 1167 be amended to read as
204+follows:
205+Page 1, line 13, delete "county, city, town, or township." and insert
206+"county or city.".
207+Page 1, line 15, delete "body" and insert "body, other than the
208+governing body of a town or township,".
209+Page 2, line 2, after "2024," insert "the governing body of a town
210+or township, or".
211+(Reference is to HB 1167 as printed February 9, 2023.)
212+SMALTZ
213+_____
214+COMMITTEE REPORT
215+Madam President: The Senate Committee on Local Government, to
216+which was referred House Bill No. 1167, has had the same under
217+consideration and begs leave to report the same back to the Senate with
218+the recommendation that said bill be AMENDED as follows:
219+Replace the effective dates in SECTION 1 through SECTION 2 with
220+"[EFFECTIVE JULY 1, 2025]".
221+Page 1, delete lines 7 through 17, begin a new paragraph and insert:
222+"(b) This section applies only to the following:
223+(1) A governing body of a state agency.
224+(2) The following governing bodies of agencies that are not
225+state agencies:
226+(A) The executive (as defined in IC 36-1-2-5), legislative
227+EH 1167—LS 7295/DI 87 7
228+body (as defined in IC 36-1-2-9), or fiscal body (IC
229+36-1-2-6) of a county, city, town, or township.
230+(B) A school board that has members who are elected.
231+(C) Any governing body that conducts the governing
232+body's regular meetings in the same meeting room in
233+which a governing body described in clause (A) or (B)
234+conducts its regular meetings.".
235+Page 2, delete lines 1 through 5.
236+and when so amended that said bill do pass.
237+(Reference is to HB 1167 as reprinted February 14, 2023.)
238+BUCK, Chairperson
239+Committee Vote: Yeas 8, Nays 2.
240+EH 1167—LS 7295/DI 87