Introduced Version
HOUSE BILL No. 1134
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-14-1.5-6.1.
Synopsis: Executive sessions. Allows meetings of a state or local
agency governing body concerning the following topics to be held in
executive session: (1) Employee health care options with respect to
special exceptions to coverage. (2) Employee handbook changes. (3)
Review of negotiations on the performance of publicly bid contracts,
when public knowledge may result in increased cost. (4) Solicitation of
contract proposals containing a bidder's proprietary information.
Effective: July 1, 2025.
Smaltz, Davis
January 8, 2025, read first time and referred to Committee on Government and Regulatory
Reform.
2025 IN 1134—LS 6424/DI 87 Introduced
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1134
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 5-14-1.5-6.1, AS AMENDED BY P.L.200-2023,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 6.1. (a) As used in this section, "public official"
4 means a person:
5 (1) who is a member of a governing body of a public agency; or
6 (2) whose tenure and compensation are fixed by law and who
7 executes an oath.
8 (b) Executive sessions may be held only in the following instances:
9 (1) Where authorized by federal or state statute.
10 (2) For discussion of strategy with respect to any of the following:
11 (A) Collective bargaining, which does not include a discussion
12 or meeting under IC 20-29-6-7.
13 (B) Initiation of litigation or litigation that is either pending or
14 has been threatened specifically in writing. As used in this
15 clause, "litigation" includes any judicial action or
16 administrative law proceeding under federal or state law.
17 (C) The implementation of security systems.
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1 (D) A real property transaction including:
2 (i) a purchase;
3 (ii) a lease as lessor;
4 (iii) a lease as lessee;
5 (iv) a transfer;
6 (v) an exchange; or
7 (vi) a sale;
8 by the governing body up to the time a contract or option is
9 executed by the parties. This clause does not affect a political
10 subdivision's duty to comply with any other statute that
11 governs the conduct of the real property transaction, including
12 IC 36-1-10 or IC 36-1-11.
13 (E) School consolidation.
14 However, all such strategy discussions must be necessary for
15 competitive or bargaining reasons and may not include
16 competitive or bargaining adversaries.
17 (3) For discussion of the assessment, design, and implementation
18 of school safety and security measures, plans, and systems.
19 (4) Interviews and negotiations with industrial or commercial
20 prospects or agents of industrial or commercial prospects by:
21 (A) the Indiana economic development corporation;
22 (B) the office of tourism development (before July 1, 2020) or
23 the Indiana destination development corporation (after June
24 30, 2020);
25 (C) the Indiana finance authority;
26 (D) the ports of Indiana;
27 (E) an economic development commission;
28 (F) the Indiana state department of agriculture;
29 (G) the Indiana White River state park development
30 commission;
31 (H) a local economic development organization that is a
32 nonprofit corporation established under state law whose
33 primary purpose is the promotion of industrial or business
34 development in Indiana, the retention or expansion of Indiana
35 businesses, or the development of entrepreneurial activities in
36 Indiana; or
37 (I) a governing body of a political subdivision.
38 However, this subdivision does not apply to any discussions
39 regarding research that is prohibited under IC 16-34.5-1-2 or
40 under any other law.
41 (5) To receive information about and interview prospective
42 employees.
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1 (6) With respect to any individual over whom the governing body
2 has jurisdiction:
3 (A) to receive information concerning the individual's alleged
4 misconduct; and
5 (B) to discuss, before a determination, the individual's status
6 as an employee, a student, or an independent contractor who
7 is:
8 (i) a physician; or
9 (ii) a school bus driver.
10 (7) For discussion of records classified as confidential by state or
11 federal statute.
12 (8) To discuss before a placement decision an individual student's
13 abilities, past performance, behavior, and needs.
14 (9) To discuss a job performance evaluation of individual
15 employees. This subdivision does not apply to a discussion of the
16 salary, compensation, or benefits of employees during a budget
17 process.
18 (10) When considering the appointment of a public official, to do
19 the following:
20 (A) Develop a list of prospective appointees.
21 (B) Consider applications.
22 (C) Make one (1) initial exclusion of prospective appointees
23 from further consideration.
24 Notwithstanding IC 5-14-3-4(b)(12), a governing body may
25 release and shall make available for inspection and copying in
26 accordance with IC 5-14-3-3 identifying information concerning
27 prospective appointees not initially excluded from further
28 consideration. An initial exclusion of prospective appointees from
29 further consideration may not reduce the number of prospective
30 appointees to fewer than three (3) unless there are fewer than
31 three (3) prospective appointees. Interviews of prospective
32 appointees must be conducted at a meeting that is open to the
33 public.
34 (11) To train school board members with an outside consultant
35 about the performance of the role of the members as public
36 officials.
37 (12) To prepare or score examinations used in issuing licenses,
38 certificates, permits, or registrations under IC 25.
39 (13) To discuss information and intelligence intended to prevent,
40 mitigate, or respond to the threat of terrorism.
41 (14) To train members of a board of aviation commissioners
42 appointed under IC 8-22-2 or members of an airport authority
2025 IN 1134—LS 6424/DI 87 4
1 board appointed under IC 8-22-3 with an outside consultant about
2 the performance of the role of the members as public officials. A
3 board may hold not more than one (1) executive session per
4 calendar year under this subdivision.
5 (15) For discussion by the governing body of a state educational
6 institution of:
7 (A) the assessment of; or
8 (B) negotiation with another entity concerning;
9 the establishment of a collaborative relationship or venture to
10 advance the research, engagement, or education mission of the
11 state educational institution. However, this subdivision does not
12 apply to any discussions regarding research that is prohibited
13 under IC 16-34.5-1-2 or under any other law.
14 (16) To discuss either of the following:
15 (A) Employee health care options with respect to special
16 exceptions for coverage.
17 (B) Employee handbook changes.
18 (17) To review negotiations on the performance of publicly
19 bid contracts when public knowledge regarding the review
20 would cause a likelihood of increased costs.
21 (18) To discuss soliciting proposals for the purpose of
22 awarding contracts for goods or services, when:
23 (A) proprietary data, trade secrets, or other information is
24 contained in the bidder's proposal relating to the bidder's
25 unique methods of:
26 (i) conducting business; or
27 (ii) determining prices or premium rates to be charged
28 for services under the terms of the proposal; and
29 (B) public knowledge regarding the discussion would
30 reasonably be expected to result in private loss to the
31 providers of the information described in clause (A).
32 (c) A final action must be taken at a meeting open to the public.
33 (d) Public notice of executive sessions must state the subject matter
34 by specific reference to the enumerated instance or instances for which
35 executive sessions may be held under subsection (b). The requirements
36 stated in section 4 of this chapter for memoranda and minutes being
37 made available to the public is modified as to executive sessions in that
38 the memoranda and minutes must identify the subject matter
39 considered by specific reference to the enumerated instance or
40 instances for which public notice was given. The governing body shall
41 certify by a statement in the memoranda and minutes of the governing
42 body that no subject matter was discussed in the executive session
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1 other than the subject matter specified in the public notice.
2 (e) A governing body may not conduct an executive session during
3 a meeting, except as otherwise permitted by applicable statute. A
4 meeting may not be recessed and reconvened with the intent of
5 circumventing this subsection.
2025 IN 1134—LS 6424/DI 87