*HB1134.1*
February 10, 2025
HOUSE BILL No. 1134
_____
DIGEST OF HB 1134 (Updated February 10, 2025 11:49 am - DI 87)
Citations Affected: IC 5-14.
Synopsis: Public meetings. 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.
Allows a person to file a petition to challenge certain official actions
taken at a meeting where a technological failure occurred in the live
transmission or recording of the meeting.
Effective: July 1, 2025.
Smaltz, Davis
January 8, 2025, read first time and referred to Committee on Government and Regulatory
Reform.
February 10, 2025, amended, reported — Do Pass.
HB 1134—LS 6424/DI 87 February 10, 2025
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 5-14-1.5-2.9, AS AMENDED BY P.L.68-2024,
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) Subject to IC 8-1-1-8.1, a hearing noticed under IC 8-1-1-8,
8 regarding which a stenographic record is required to be made and
9 kept pursuant 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.
HB 1134—LS 6424/DI 87 2
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 following in the meeting
16 notice:
17 (1) The website for live transmissions and archived copies of live
18 transmissions. in the meeting notice.
19 (2) The name, electronic mail address, and mailing address of
20 the person designated by the governing body to receive
21 petitions regarding technological failures under section 3.9 of
22 this chapter.
23 (e) If a governing body does not have Internet capability for live
24 transmission of meetings, the governing body shall record the meeting
25 and retain the recording as provided in subsection (f).
26 (f) The public agency is subject to the following:
27 (1) The public agency shall make a copy of the transmission or
28 recording available for public inspection and copying or
29 downloading for at least ninety (90) days after the date of the
30 meeting. The public agency shall, at the public agency's
31 discretion, permit a person to inspect and copy or download the
32 transmission or recording:
33 (A) without charge, from a publicly accessible platform of the
34 public agency's choosing; or
35 (B) from the public agency's data storage system:
36 (i) upon a request submitted by the person under
37 IC 5-14-3-3; and
38 (ii) during the regular business hours of the public agency.
39 The public agency may charge a fee under IC 5-14-3-8 for
40 providing a copy or downloaded copy under clause (B).
41 (2) More than ninety (90) days after the date of the meeting, the
42 public agency may destroy the transmission or recording.
HB 1134—LS 6424/DI 87 3
1 (g) A technological failure that disrupts or prevents the governing
2 body from live streaming, transmission, recording, archiving, or
3 maintaining a copy of a live transmission or recording of a meeting
4 does not:
5 (1) prevent the governing body from conducting the meeting;
6 (2) except as provided in section 3.9(g) of this chapter, affect
7 the validity of an action taken by the governing body at the
8 meeting;
9 (3) violate this chapter or any statute concerning the retention,
10 preservation, or production of public records; or
11 (4) subject any person to civil or criminal liability.
12 SECTION 2. IC 5-14-1.5-3.9 IS ADDED TO THE INDIANA
13 CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3.9. 14 (a) This section applies only
15 to a meeting to which section 2.9 of this chapter applies.
16 (b) As used in this section, "official action" means to:
17 (1) deliberate;
18 (2) make recommendations;
19 (3) establish policy;
20 (4) make decisions; or
21 (5) take final action.
22 (c) If a technological failure disrupts or prevents the live
23 transmission of a public meeting, a person may challenge the
24 validity of an official action taken at the meeting by delivering a
25 written petition:
26 (1) not later than three (3) business days after the meeting;
27 and
28 (2) to the person identified in the meeting notice under section
29 2.9(d)(2) of this chapter.
30 (d) A petition must provide the following information:
31 (1) The petitioner's name.
32 (2) The petitioner's means of contact by:
33 (A) first class United States mail, providing the petitioner's
34 mailing address; or
35 (B) electronic mail, providing the petitioner's electronic
36 mail address.
37 (3) The meeting date and the official action that is being
38 challenged.
39 (e) At the next public meeting of the governing body, before
40 approving the prior meeting's minutes, if any, the governing body
41 shall determine whether a petition is granted or denied. A petition
42 may be denied only for the following reasons:
HB 1134—LS 6424/DI 87 4
1 (1) The petition does not meet the requirements of subsections
2 (c) and (d).
3 (2) The technological failure alleged in the petition did not
4 occur.
5 (3) The governing body has a recording of the taking of the
6 official action named in the petition that is:
7 (A) without disruption and reasonably clear; and
8 (B) available for public inspection.
9 If a petition is granted, the governing body must validate the
10 official action referenced in the petition by taking the official action
11 again before conducting any other business of the meeting.
12 (f) Not later than ten (10) calendar days after the meeting
13 described in subsection (e), the governing body shall notify the
14 petitioner in writing, by the means indicated by the petitioner
15 under subsection (d)(2), that the petition was granted or denied as
16 follows:
17 (1) If the petition was denied, the reason for denying the
18 petition. If the denial is described in subsection (e)(3), the
19 petitioner must be informed of how the petitioner may inspect
20 the recording.
21 (2) If the petition was granted, the steps the governing body
22 took to repeat the challenged official action.
23 (g) A person may file an action under section 7 of this chapter
24 to declare void any policy, decision, or final action based in whole
25 or in part upon the challenged official action taken, if the
26 governing body:
27 (1) granted the person's petition; and
28 (2) did not validate the official action by taking the official
29 action again.
30 However, a court may not assess a civil penalty under section 7.5
31 of this chapter.
32 (h) If an official action is not challenged in a petition meeting the
33 requirements of subsections (b) and (c), the official action is valid
34 regardless of any type of technological failure.
35 SECTION 3. IC 5-14-1.5-6.1, AS AMENDED BY P.L.200-2023,
36 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2025]: Sec. 6.1. (a) As used in this section, "public official"
38 means a person:
39 (1) who is a member of a governing body of a public agency; or
40 (2) whose tenure and compensation are fixed by law and who
41 executes an oath.
42 (b) Executive sessions may be held only in the following instances:
HB 1134—LS 6424/DI 87 5
1 (1) Where authorized by federal or state statute.
2 (2) For discussion of strategy with respect to any of the following:
3 (A) Collective bargaining, which does not include a discussion
4 or meeting under IC 20-29-6-7.
5 (B) Initiation of litigation or litigation that is either pending or
6 has been threatened specifically in writing. As used in this
7 clause, "litigation" includes any judicial action or
8 administrative law proceeding under federal or state law.
9 (C) The implementation of security systems.
10 (D) A real property transaction including:
11 (i) a purchase;
12 (ii) a lease as lessor;
13 (iii) a lease as lessee;
14 (iv) a transfer;
15 (v) an exchange; or
16 (vi) a sale;
17 by the governing body up to the time a contract or option is
18 executed by the parties. This clause does not affect a political
19 subdivision's duty to comply with any other statute that
20 governs the conduct of the real property transaction, including
21 IC 36-1-10 or IC 36-1-11.
22 (E) School consolidation.
23 However, all such strategy discussions must be necessary for
24 competitive or bargaining reasons and may not include
25 competitive or bargaining adversaries.
26 (3) For discussion of the assessment, design, and implementation
27 of school safety and security measures, plans, and systems.
28 (4) Interviews and negotiations with industrial or commercial
29 prospects or agents of industrial or commercial prospects by:
30 (A) the Indiana economic development corporation;
31 (B) the office of tourism development (before July 1, 2020) or
32 the Indiana destination development corporation (after June
33 30, 2020);
34 (C) the Indiana finance authority;
35 (D) the ports of Indiana;
36 (E) an economic development commission;
37 (F) the Indiana state department of agriculture;
38 (G) the Indiana White River state park development
39 commission;
40 (H) a local economic development organization that is a
41 nonprofit corporation established under state law whose
42 primary purpose is the promotion of industrial or business
HB 1134—LS 6424/DI 87 6
1 development in Indiana, the retention or expansion of Indiana
2 businesses, or the development of entrepreneurial activities in
3 Indiana; or
4 (I) a governing body of a political subdivision.
5 However, this subdivision does not apply to any discussions
6 regarding research that is prohibited under IC 16-34.5-1-2 or
7 under any other law.
8 (5) To receive information about and interview prospective
9 employees.
10 (6) With respect to any individual over whom the governing body
11 has jurisdiction:
12 (A) to receive information concerning the individual's alleged
13 misconduct; and
14 (B) to discuss, before a determination, the individual's status
15 as an employee, a student, or an independent contractor who
16 is:
17 (i) a physician; or
18 (ii) a school bus driver.
19 (7) For discussion of records classified as confidential by state or
20 federal statute.
21 (8) To discuss before a placement decision an individual student's
22 abilities, past performance, behavior, and needs.
23 (9) To discuss a job performance evaluation of individual
24 employees. This subdivision does not apply to a discussion of the
25 salary, compensation, or benefits of employees during a budget
26 process.
27 (10) When considering the appointment of a public official, to do
28 the following:
29 (A) Develop a list of prospective appointees.
30 (B) Consider applications.
31 (C) Make one (1) initial exclusion of prospective appointees
32 from further consideration.
33 Notwithstanding IC 5-14-3-4(b)(12), a governing body may
34 release and shall make available for inspection and copying in
35 accordance with IC 5-14-3-3 identifying information concerning
36 prospective appointees not initially excluded from further
37 consideration. An initial exclusion of prospective appointees from
38 further consideration may not reduce the number of prospective
39 appointees to fewer than three (3) unless there are fewer than
40 three (3) prospective appointees. Interviews of prospective
41 appointees must be conducted at a meeting that is open to the
42 public.
HB 1134—LS 6424/DI 87 7
1 (11) To train school board members with an outside consultant
2 about the performance of the role of the members as public
3 officials.
4 (12) To prepare or score examinations used in issuing licenses,
5 certificates, permits, or registrations under IC 25.
6 (13) To discuss information and intelligence intended to prevent,
7 mitigate, or respond to the threat of terrorism.
8 (14) To train members of a board of aviation commissioners
9 appointed under IC 8-22-2 or members of an airport authority
10 board appointed under IC 8-22-3 with an outside consultant about
11 the performance of the role of the members as public officials. A
12 board may hold not more than one (1) executive session per
13 calendar year under this subdivision.
14 (15) For discussion by the governing body of a state educational
15 institution of:
16 (A) the assessment of; or
17 (B) negotiation with another entity concerning;
18 the establishment of a collaborative relationship or venture to
19 advance the research, engagement, or education mission of the
20 state educational institution. However, this subdivision does not
21 apply to any discussions regarding research that is prohibited
22 under IC 16-34.5-1-2 or under any other law.
23 (16) To discuss either of the following:
24 (A) Employee health care options with respect to special
25 exceptions for coverage.
26 (B) Employee handbook changes.
27 (17) To review negotiations on the performance of publicly
28 bid contracts when public knowledge regarding the review
29 would cause a likelihood of increased costs.
30 (18) To discuss soliciting proposals for the purpose of
31 awarding contracts for goods or services, when:
32 (A) proprietary data, trade secrets, or other information is
33 contained in the bidder's proposal relating to the bidder's
34 unique methods of:
35 (i) conducting business; or
36 (ii) determining prices or premium rates to be charged
37 for services under the terms of the proposal; and
38 (B) public knowledge regarding the discussion would
39 reasonably be expected to result in private loss to the
40 providers of the information described in clause (A).
41 (c) A final action must be taken at a meeting open to the public.
42 (d) Public notice of executive sessions must state the subject matter
HB 1134—LS 6424/DI 87 8
1 by specific reference to the enumerated instance or instances for which
2 executive sessions may be held under subsection (b). The requirements
3 stated in section 4 of this chapter for memoranda and minutes being
4 made available to the public is modified as to executive sessions in that
5 the memoranda and minutes must identify the subject matter
6 considered by specific reference to the enumerated instance or
7 instances for which public notice was given. The governing body shall
8 certify by a statement in the memoranda and minutes of the governing
9 body that no subject matter was discussed in the executive session
10 other than the subject matter specified in the public notice.
11 (e) A governing body may not conduct an executive session during
12 a meeting, except as otherwise permitted by applicable statute. A
13 meeting may not be recessed and reconvened with the intent of
14 circumventing this subsection.
15 SECTION 4. IC 5-14-1.5-7, AS AMENDED BY P.L.134-2012,
16 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2025]: Sec. 7. (a) An action may be filed by any person in any
18 court of competent jurisdiction to:
19 (1) obtain a declaratory judgment;
20 (2) enjoin continuing, threatened, or future violations of this
21 chapter; or
22 (3) declare void any policy, decision, or final action:
23 (A) taken at an executive session in violation of section 3(a) of
24 this chapter;
25 (B) taken at any meeting of which notice is not given in
26 accordance with section 5 of this chapter;
27 (C) that is based in whole or in part upon official action taken
28 at any:
29 (i) executive session in violation of section 3(a) of this
30 chapter;
31 (ii) meeting of which notice is not given in accordance with
32 section 5 of this chapter; or
33 (iii) series of gatherings in violation of section 3.1 of this
34 chapter; or
35 (D) taken at a meeting held in a location in violation of section
36 8 of this chapter; or
37 (E) that is based upon an official action taken at a meeting
38 where a technological failure occurred and the official
39 action was not validated under section 3.9(d) of this
40 chapter.
41 The plaintiff need not allege or prove special damage different from
42 that suffered by the public at large.
HB 1134—LS 6424/DI 87 9
1 (b) Regardless of whether a formal complaint or an informal inquiry
2 is pending before the public access counselor, any action to declare any
3 policy, decision, or final action of a governing body void, or to enter an
4 injunction which would invalidate any policy, decision, or final action
5 of a governing body, based on violation of this chapter occurring before
6 the action is commenced, shall be commenced:
7 (1) prior to the delivery of any warrants, notes, bonds, or
8 obligations if the relief sought would have the effect, if granted,
9 of invalidating the notes, bonds, or obligations; or
10 (2) with respect to any other subject matter, within thirty (30)
11 days of either:
12 (A) the date of the act or failure to act complained of; or
13 (B) the date that the plaintiff knew or should have known that
14 the act or failure to act complained of had occurred;
15 whichever is later. If the challenged policy, decision, or final action is
16 recorded in the memoranda or minutes of a governing body, a plaintiff
17 is considered to have known that the act or failure to act complained of
18 had occurred not later than the date that the memoranda or minutes are
19 first available for public inspection. If the policy, decision, or final
20 action is challenged on the basis of a technological failure under
21 section 3.9 of this chapter, the plaintiff is considered to have known
22 that the act or failure to act complained of had occurred not later
23 than the meeting date.
24 (c) If a court finds that a governing body of a public agency has
25 violated this chapter, it may not find that the violation was cured by the
26 governing body by only having taken final action at a meeting that
27 complies with this chapter.
28 (d) In determining whether to declare any policy, decision, or final
29 action void, a court shall consider the following factors among other
30 relevant factors:
31 (1) The extent to which the violation:
32 (A) affected the substance of the policy, decision, or final
33 action;
34 (B) denied or impaired access to any meetings that the public
35 had a right to observe and record; and
36 (C) prevented or impaired public knowledge or understanding
37 of the public's business.
38 (2) Whether voiding of the policy, decision, or final action is a
39 necessary prerequisite to a substantial reconsideration of the
40 subject matter.
41 (3) Whether the public interest will be served by voiding the
42 policy, decision, or final action by determining which of the
HB 1134—LS 6424/DI 87 10
1 following factors outweighs the other:
2 (A) The remedial benefits gained by effectuating the public
3 policy of the state declared in section 1 of this chapter.
4 (B) The prejudice likely to accrue to the public if the policy,
5 decision, or final action is voided, including the extent to
6 which persons have relied upon the validity of the challenged
7 action and the effect declaring the challenged action void
8 would have on them.
9 (4) Whether the defendant acted in compliance with an informal
10 inquiry response or advisory opinion issued by the public access
11 counselor concerning the violation.
12 (e) If a court declares a policy, decision, or final action of a
13 governing body of a public agency void, the court may enjoin the
14 governing body from subsequently acting upon the subject matter of
15 the voided act until it has been given substantial reconsideration at a
16 meeting or meetings that comply with this chapter.
17 (f) In any action filed under this section, a court shall award
18 reasonable attorney's fees, court costs, and other reasonable expenses
19 of litigation to the prevailing party if:
20 (1) the plaintiff prevails; or
21 (2) the defendant prevails and the court finds that the action is
22 frivolous and vexatious.
23 The plaintiff is not eligible for the awarding of attorney's fees, court
24 costs, and other reasonable expenses if the plaintiff filed the action
25 without first seeking and receiving an informal inquiry response or
26 advisory opinion from the public access counselor, unless the plaintiff
27 can show the filing of the action was necessary to prevent a violation
28 of this chapter.
29 (g) A court may assess a civil penalty under section 7.5 of this
30 chapter only if the plaintiff obtained an advisory opinion from the
31 public access counselor before filing an action under this section as set
32 forth in section 7.5 of this chapter.
33 (h) A court shall expedite the hearing of an action filed under this
34 section.
HB 1134—LS 6424/DI 87 11
COMMITTEE REPORT
Mr. Speaker: Your Committee on Government and Regulatory
Reform, to which was referred House Bill 1134, has had the same
under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 5-14-1.5-2.9, AS AMENDED BY P.L.68-2024,
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.
(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 following in the meeting
notice:
(1) The website for live transmissions and archived copies of live
HB 1134—LS 6424/DI 87 12
transmissions. in the meeting notice.
(2) The name, electronic mail address, and mailing address of
the person designated by the governing body to receive
petitions regarding technological failures under section 3.9 of
this chapter.
(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, transmission, 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) except as provided in section 3.9(g) of this chapter, 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 5-14-1.5-3.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3.9. (a) This section applies only
to a meeting to which section 2.9 of this chapter applies.
(b) As used in this section, "official action" means to:
(1) deliberate;
HB 1134—LS 6424/DI 87 13
(2) make recommendations;
(3) establish policy;
(4) make decisions; or
(5) take final action.
(c) If a technological failure disrupts or prevents the live
transmission of a public meeting, a person may challenge the
validity of an official action taken at the meeting by delivering a
written petition:
(1) not later than three (3) business days after the meeting;
and
(2) to the person identified in the meeting notice under section
2.9(d)(2) of this chapter.
(d) A petition must provide the following information:
(1) The petitioner's name.
(2) The petitioner's means of contact by:
(A) first class United States mail, providing the petitioner's
mailing address; or
(B) electronic mail, providing the petitioner's electronic
mail address.
(3) The meeting date and the official action that is being
challenged.
(e) At the next public meeting of the governing body, before
approving the prior meeting's minutes, if any, the governing body
shall determine whether a petition is granted or denied. A petition
may be denied only for the following reasons:
(1) The petition does not meet the requirements of subsections
(c) and (d).
(2) The technological failure alleged in the petition did not
occur.
(3) The governing body has a recording of the taking of the
official action named in the petition that is:
(A) without disruption and reasonably clear; and
(B) available for public inspection.
If a petition is granted, the governing body must validate the
official action referenced in the petition by taking the official action
again before conducting any other business of the meeting.
(f) Not later than ten (10) calendar days after the meeting
described in subsection (e), the governing body shall notify the
petitioner in writing, by the means indicated by the petitioner
under subsection (d)(2), that the petition was granted or denied as
follows:
(1) If the petition was denied, the reason for denying the
HB 1134—LS 6424/DI 87 14
petition. If the denial is described in subsection (e)(3), the
petitioner must be informed of how the petitioner may inspect
the recording.
(2) If the petition was granted, the steps the governing body
took to repeat the challenged official action.
(g) A person may file an action under section 7 of this chapter
to declare void any policy, decision, or final action based in whole
or in part upon the challenged official action taken, if the
governing body:
(1) granted the person's petition; and
(2) did not validate the official action by taking the official
action again.
However, a court may not assess a civil penalty under section 7.5
of this chapter.
(h) If an official action is not challenged in a petition meeting the
requirements of subsections (b) and (c), the official action is valid
regardless of any type of technological failure.".
Page 5, after line 5, begin a new paragraph and insert:
"SECTION 4. IC 5-14-1.5-7, AS AMENDED BY P.L.134-2012,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) An action may be filed by any person in any
court of competent jurisdiction to:
(1) obtain a declaratory judgment;
(2) enjoin continuing, threatened, or future violations of this
chapter; or
(3) declare void any policy, decision, or final action:
(A) taken at an executive session in violation of section 3(a) of
this chapter;
(B) taken at any meeting of which notice is not given in
accordance with section 5 of this chapter;
(C) that is based in whole or in part upon official action taken
at any:
(i) executive session in violation of section 3(a) of this
chapter;
(ii) meeting of which notice is not given in accordance with
section 5 of this chapter; or
(iii) series of gatherings in violation of section 3.1 of this
chapter; or
(D) taken at a meeting held in a location in violation of section
8 of this chapter; or
(E) that is based upon an official action taken at a meeting
where a technological failure occurred and the official
HB 1134—LS 6424/DI 87 15
action was not validated under section 3.9(d) of this
chapter.
The plaintiff need not allege or prove special damage different from
that suffered by the public at large.
(b) Regardless of whether a formal complaint or an informal inquiry
is pending before the public access counselor, any action to declare any
policy, decision, or final action of a governing body void, or to enter an
injunction which would invalidate any policy, decision, or final action
of a governing body, based on violation of this chapter occurring before
the action is commenced, shall be commenced:
(1) prior to the delivery of any warrants, notes, bonds, or
obligations if the relief sought would have the effect, if granted,
of invalidating the notes, bonds, or obligations; or
(2) with respect to any other subject matter, within thirty (30)
days of either:
(A) the date of the act or failure to act complained of; or
(B) the date that the plaintiff knew or should have known that
the act or failure to act complained of had occurred;
whichever is later. If the challenged policy, decision, or final action is
recorded in the memoranda or minutes of a governing body, a plaintiff
is considered to have known that the act or failure to act complained of
had occurred not later than the date that the memoranda or minutes are
first available for public inspection. If the policy, decision, or final
action is challenged on the basis of a technological failure under
section 3.9 of this chapter, the plaintiff is considered to have known
that the act or failure to act complained of had occurred not later
than the meeting date.
(c) If a court finds that a governing body of a public agency has
violated this chapter, it may not find that the violation was cured by the
governing body by only having taken final action at a meeting that
complies with this chapter.
(d) In determining whether to declare any policy, decision, or final
action void, a court shall consider the following factors among other
relevant factors:
(1) The extent to which the violation:
(A) affected the substance of the policy, decision, or final
action;
(B) denied or impaired access to any meetings that the public
had a right to observe and record; and
(C) prevented or impaired public knowledge or understanding
of the public's business.
(2) Whether voiding of the policy, decision, or final action is a
HB 1134—LS 6424/DI 87 16
necessary prerequisite to a substantial reconsideration of the
subject matter.
(3) Whether the public interest will be served by voiding the
policy, decision, or final action by determining which of the
following factors outweighs the other:
(A) The remedial benefits gained by effectuating the public
policy of the state declared in section 1 of this chapter.
(B) The prejudice likely to accrue to the public if the policy,
decision, or final action is voided, including the extent to
which persons have relied upon the validity of the challenged
action and the effect declaring the challenged action void
would have on them.
(4) Whether the defendant acted in compliance with an informal
inquiry response or advisory opinion issued by the public access
counselor concerning the violation.
(e) If a court declares a policy, decision, or final action of a
governing body of a public agency void, the court may enjoin the
governing body from subsequently acting upon the subject matter of
the voided act until it has been given substantial reconsideration at a
meeting or meetings that comply with this chapter.
(f) In any action filed under this section, a court shall award
reasonable attorney's fees, court costs, and other reasonable expenses
of litigation to the prevailing party if:
(1) the plaintiff prevails; or
(2) the defendant prevails and the court finds that the action is
frivolous and vexatious.
The plaintiff is not eligible for the awarding of attorney's fees, court
costs, and other reasonable expenses if the plaintiff filed the action
without first seeking and receiving an informal inquiry response or
advisory opinion from the public access counselor, unless the plaintiff
can show the filing of the action was necessary to prevent a violation
of this chapter.
(g) A court may assess a civil penalty under section 7.5 of this
chapter only if the plaintiff obtained an advisory opinion from the
public access counselor before filing an action under this section as set
forth in section 7.5 of this chapter.
(h) A court shall expedite the hearing of an action filed under this
section.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
HB 1134—LS 6424/DI 87 17
(Reference is to HB 1134 as introduced.)
MILLER D
Committee Vote: yeas 12, nays 0.
HB 1134—LS 6424/DI 87