Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1306
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, AS ADDED BY P.L.127-2023,
SECTION 1, IS AMENDED 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.
(3) Subject to IC 8-1-1-8.1, a hearing noticed under
IC 8-1-1-8, regarding which a stenographic record is required
to be made and kept pursuant to IC 8-1-2-65.
(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.
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(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:
(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.
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SECTION 2. IC 8-1-1-8.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 8.1. (a) As used in this section, "commission
proceeding" means a hearing for which notice is provided under
section 8 of this chapter.
(b) The commission shall provide on a publicly accessible
platform of the commission's choice a live transmission of any
commission proceeding that will include:
(1) an examination of witnesses;
(2) a nonprocedural discussion between one (1) or more
parties to the commission proceeding;
(3) questions from one (1) or more of the commissioners
regarding the substance of the case; or
(4) a contested procedural matter.
(c) The commission shall issue a general administrative order to
implement a policy that governs the live transmission of
commission proceedings and that includes the following:
(1) For a commission proceeding that the commission
determines is not subject to live transmission under
subsection (b), a process by which members of the public may
request the live transmission of the commission proceeding.
(2) For any commission proceeding for which the commission
will provide a live transmission, whether under subsection (b)
or upon a request made under subdivision (1), the following:
(A) A process by which members of the public may access
the live transmission of the commission proceeding.
(B) A process for:
(i) archiving the live transmission of the commission
proceeding; and
(ii) members of the public to access or request the
archived live transmission of the commission proceeding.
HEA 1306 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1306