First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1167
AN ACT to amend the Indiana Code concerning state and local
administration.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-14-1.5-2.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 2.9. (a) This section does not
apply to the following:
(1) A meeting under section 6.1 of this chapter.
(2) A state educational institution.
(b) This section applies only to the following:
(1) A governing body of a state agency.
(2) The following governing bodies of agencies that are not
state agencies:
(A) The executive (as defined in IC 36-1-2-5), legislative
body (as defined in IC 36-1-2-9), or fiscal body
(IC 36-1-2-6) of a county, city, town, or township.
(B) A school board that has members who are elected.
(C) Any governing body that conducts the governing
body's regular meetings in the same meeting room in
which a governing body described in clause (A) or (B)
conducts its regular meetings.
(c) Except as provided in subsection (e), a governing body shall
provide on a publicly accessible platform of the public agency's
choice, the following:
HEA 1167 — Concur 2
(1) Live transmissions of the governing body's meetings.
(2) Archived copies of the live transmissions described in
subdivision (1). Each archived copy of a live transmission
must provide access by links to the meeting's:
(A) agenda, if any;
(B) minutes, if any; and
(C) memoranda.
(d) A governing body shall include the website for live
transmissions and archived copies of live transmissions in the
meeting notice.
(e) If a governing body does not have Internet capability for live
transmission of meetings, the governing body shall record the
meeting and retain the recording as provided in subsection (f).
(f) The public agency is subject to the following:
(1) The public agency shall make a copy of the transmission
or recording available for public inspection and copying or
downloading for at least ninety (90) days after the date of the
meeting. The public agency shall, at the public agency's
discretion, permit a person to inspect and copy or download
the transmission or recording:
(A) without charge, from a publicly accessible platform of
the public agency's choosing; or
(B) from the public agency's data storage system:
(i) upon a request submitted by the person under
IC 5-14-3-3; and
(ii) during the regular business hours of the public
agency.
The public agency may charge a fee under IC 5-14-3-8 for
providing a copy or downloaded copy under clause (B).
(2) More than ninety (90) days after the date of the meeting,
the public agency may destroy the transmission or recording.
(g) A technological failure that disrupts or prevents the
governing body from live streaming, recording, archiving, or
maintaining a copy of a live transmission or recording of a meeting
does not:
(1) prevent the governing body from conducting the meeting;
(2) affect the validity of an action taken by the governing body
at the meeting;
(3) violate this chapter or any statute concerning the
retention, preservation, or production of public records; or
(4) subject any person to civil or criminal liability.
SECTION 2. IC 34-30-2.1-40.5 IS ADDED TO THE INDIANA
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CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 40.5. IC 5-14-1.5-2.9 (Concerning
public officers, public employees, or other entities for a
technological failure that prevents transmission or recording of a
meeting).
HEA 1167 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1167 — Concur