Introduced Version
HOUSE BILL No. 1306
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-14-1.5-2.9.
Synopsis: Live streaming and archiving meetings. Exempts the
Indiana utility regulatory commission from providing a live
transmission of hearings, regarding which a stenographic record is
required to be made and kept by statute.
Effective: July 1, 2025.
Smaltz
January 10, 2024, read first time and referred to Committee on Utilities, Energy and
Telecommunications.
2024 IN 1306—LS 6999/DI 51 Introduced
Second Regular Session of the 123rd General Assembly (2024)
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.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1306
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-14-1.5-2.9, AS ADDED BY P.L.127-2023,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 2.9. (a) This section does not apply to the
4 following:
5 (1) A meeting under section 6.1 of this chapter.
6 (2) A state educational institution.
7 (3) A hearing noticed under IC 8-1-1-8, regarding which a
8 stenographic record is required to be made and kept pursuant
9 to IC 8-1-2-65.
10 (b) This section applies only to the following:
11 (1) A governing body of a state agency.
12 (2) The following governing bodies of agencies that are not state
13 agencies:
14 (A) The executive (as defined in IC 36-1-2-5), legislative body
15 (as defined in IC 36-1-2-9), or fiscal body (IC 36-1-2-6) of a
16 county, city, town, or township.
17 (B) A school board that has members who are elected.
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1 (C) Any governing body that conducts the governing body's
2 regular meetings in the same meeting room in which a
3 governing body described in clause (A) or (B) conducts its
4 regular meetings.
5 (c) Except as provided in subsection (e), a governing body shall
6 provide on a publicly accessible platform of the public agency's choice,
7 the following:
8 (1) Live transmissions of the governing body's meetings.
9 (2) Archived copies of the live transmissions described in
10 subdivision (1). Each archived copy of a live transmission must
11 provide access by links to the meeting's:
12 (A) agenda, if any;
13 (B) minutes, if any; and
14 (C) memoranda.
15 (d) A governing body shall include the website for live
16 transmissions and archived copies of live transmissions in the meeting
17 notice.
18 (e) If a governing body does not have Internet capability for live
19 transmission of meetings, the governing body shall record the meeting
20 and retain the recording as provided in subsection (f).
21 (f) The public agency is subject to the following:
22 (1) The public agency shall make a copy of the transmission or
23 recording available for public inspection and copying or
24 downloading for at least ninety (90) days after the date of the
25 meeting. The public agency shall, at the public agency's
26 discretion, permit a person to inspect and copy or download the
27 transmission or recording:
28 (A) without charge, from a publicly accessible platform of the
29 public agency's choosing; or
30 (B) from the public agency's data storage system:
31 (i) upon a request submitted by the person under
32 IC 5-14-3-3; and
33 (ii) during the regular business hours of the public agency.
34 The public agency may charge a fee under IC 5-14-3-8 for
35 providing a copy or downloaded copy under clause (B).
36 (2) More than ninety (90) days after the date of the meeting, the
37 public agency may destroy the transmission or recording.
38 (g) A technological failure that disrupts or prevents the governing
39 body from live streaming, recording, archiving, or maintaining a copy
40 of a live transmission or recording of a meeting does not:
41 (1) prevent the governing body from conducting the meeting;
42 (2) affect the validity of an action taken by the governing body at
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1 the meeting;
2 (3) violate this chapter or any statute concerning the retention,
3 preservation, or production of public records; or
4 (4) subject any person to civil or criminal liability.
2024 IN 1306—LS 6999/DI 51