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