Indiana 2025 Regular Session

Indiana House Bill HB1134 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1134.1
	2	+	March 28, 2025
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1134
	5	+	_____
	6	+	DIGEST OF HB 1134 (Updated March 27, 2025 11:44 am - DI 87)
	7	+	Citations Affected: IC 5-14.
	8	+	Synopsis: Executive sessions. Allows meetings of a state or local
	9	+	agency governing body concerning the following topics to be held in
	10	+	executive session: (1) Employee health care options with respect to
	11	+	special exceptions to coverage. (2) Employee specific compensation or
	12	+	employment matters of individual employees (excluding general
	13	+	discussion of employee compensation during a budget process). (3)
	14	+	Employee handbook changes. (3) Review of negotiations on the
	15	+	performance of publicly bid contracts, when public knowledge may
	16	+	result in increased cost. (4) Solicitation of contract proposals
	17	+	containing a bidder's proprietary information.
	18	+	Effective: July 1, 2025.
	19	+	Smaltz, Davis
	20	+	(SENATE SPONSOR — BUCK)
	21	+	January 8, 2025, read first time and referred to Committee on Government and Regulatory
	22	+	Reform.
	23	+	February 10, 2025, amended, reported — Do Pass.
	24	+	February 13, 2025, read second time, amended, ordered engrossed.
	25	+	February 14, 2025, engrossed.
	26	+	February 17, 2025, read third time, passed. Yeas 91, nays 4.
	27	+	SENATE ACTION
	28	+	March 3, 2025, read first time and referred to Committee on Local Government.
	29	+	March 27, 2025, amended, reported favorably — Do Pass.
	30	+	EH 1134—LS 6424/DI 87 March 28, 2025
1	31		First Regular Session of the 124th General Assembly (2025)
2	32		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	33		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	34		additions will appear in this style type, and deletions will appear in this style type.
5	35		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	36		provision adopted), the text of the new provision will appear in this style type. Also, the
7	37		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	38		a new provision to the Indiana Code or the Indiana Constitution.
9	39		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	40		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1134
12		-	AN ACT to amend the Indiana Code concerning state and local
13		-	administration.
	41	+	ENGROSSED
	42	+	HOUSE BILL No. 1134
	43	+	A BILL FOR AN ACT to amend the Indiana Code concerning state
	44	+	and local administration.
14	45		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 5-14-1.5-6.1, AS AMENDED BY P.L.200-2023,
	46	+	1 SECTION 1. IC 5-14-1.5-6.1, AS AMENDED BY P.L.200-2023,
	47	+	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	48	+	3 JULY 1, 2025]: Sec. 6.1. (a) As used in this section, "public official"
	49	+	4 means a person:
	50	+	5 (1) who is a member of a governing body of a public agency; or
	51	+	6 (2) whose tenure and compensation are fixed by law and who
	52	+	7 executes an oath.
	53	+	8 (b) Executive sessions may be held only in the following instances:
	54	+	9 (1) Where authorized by federal or state statute.
	55	+	10 (2) For discussion of strategy with respect to any of the following:
	56	+	11 (A) Collective bargaining, which does not include a discussion
	57	+	12 or meeting under IC 20-29-6-7.
	58	+	13 (B) Initiation of litigation or litigation that is either pending or
	59	+	14 has been threatened specifically in writing. As used in this
	60	+	15 clause, "litigation" includes any judicial action or
	61	+	16 administrative law proceeding under federal or state law.
	62	+	17 (C) The implementation of security systems.
	63	+	EH 1134—LS 6424/DI 87 2
	64	+	1 (D) A real property transaction including:
	65	+	2 (i) a purchase;
	66	+	3 (ii) a lease as lessor;
	67	+	4 (iii) a lease as lessee;
	68	+	5 (iv) a transfer;
	69	+	6 (v) an exchange; or
	70	+	7 (vi) a sale;
	71	+	8 by the governing body up to the time a contract or option is
	72	+	9 executed by the parties. This clause does not affect a political
	73	+	10 subdivision's duty to comply with any other statute that
	74	+	11 governs the conduct of the real property transaction, including
	75	+	12 IC 36-1-10 or IC 36-1-11.
	76	+	13 (E) School consolidation.
	77	+	14 However, all such strategy discussions must be necessary for
	78	+	15 competitive or bargaining reasons and may not include
	79	+	16 competitive or bargaining adversaries.
	80	+	17 (3) For discussion of the assessment, design, and implementation
	81	+	18 of school safety and security measures, plans, and systems.
	82	+	19 (4) Interviews and negotiations with industrial or commercial
	83	+	20 prospects or agents of industrial or commercial prospects by:
	84	+	21 (A) the Indiana economic development corporation;
	85	+	22 (B) the office of tourism development (before July 1, 2020) or
	86	+	23 the Indiana destination development corporation (after June
	87	+	24 30, 2020);
	88	+	25 (C) the Indiana finance authority;
	89	+	26 (D) the ports of Indiana;
	90	+	27 (E) an economic development commission;
	91	+	28 (F) the Indiana state department of agriculture;
	92	+	29 (G) the Indiana White River state park development
	93	+	30 commission;
	94	+	31 (H) a local economic development organization that is a
	95	+	32 nonprofit corporation established under state law whose
	96	+	33 primary purpose is the promotion of industrial or business
	97	+	34 development in Indiana, the retention or expansion of Indiana
	98	+	35 businesses, or the development of entrepreneurial activities in
	99	+	36 Indiana; or
	100	+	37 (I) a governing body of a political subdivision.
	101	+	38 However, this subdivision does not apply to any discussions
	102	+	39 regarding research that is prohibited under IC 16-34.5-1-2 or
	103	+	40 under any other law.
	104	+	41 (5) To receive information about and interview prospective
	105	+	42 employees.
	106	+	EH 1134—LS 6424/DI 87 3
	107	+	1 (6) With respect to any individual over whom the governing body
	108	+	2 has jurisdiction:
	109	+	3 (A) to receive information concerning the individual's alleged
	110	+	4 misconduct; and
	111	+	5 (B) to discuss, before a determination, the individual's status
	112	+	6 as an employee, a student, or an independent contractor who
	113	+	7 is:
	114	+	8 (i) a physician; or
	115	+	9 (ii) a school bus driver.
	116	+	10 (7) For discussion of records classified as confidential by state or
	117	+	11 federal statute.
	118	+	12 (8) To discuss before a placement decision an individual student's
	119	+	13 abilities, past performance, behavior, and needs.
	120	+	14 (9) To discuss a job performance evaluation, employee specific
	121	+	15 compensation, or employment matters of individual employees.
	122	+	16 This subdivision does not apply to a general discussion of the
	123	+	17 salary, compensation, or benefits of employees during a budget
	124	+	18 process.
	125	+	19 (10) When considering the appointment of a public official, to do
	126	+	20 the following:
	127	+	21 (A) Develop a list of prospective appointees.
	128	+	22 (B) Consider applications.
	129	+	23 (C) Make one (1) initial exclusion of prospective appointees
	130	+	24 from further consideration.
	131	+	25 Notwithstanding IC 5-14-3-4(b)(12), a governing body may
	132	+	26 release and shall make available for inspection and copying in
	133	+	27 accordance with IC 5-14-3-3 identifying information concerning
	134	+	28 prospective appointees not initially excluded from further
	135	+	29 consideration. An initial exclusion of prospective appointees from
	136	+	30 further consideration may not reduce the number of prospective
	137	+	31 appointees to fewer than three (3) unless there are fewer than
	138	+	32 three (3) prospective appointees. Interviews of prospective
	139	+	33 appointees must be conducted at a meeting that is open to the
	140	+	34 public.
	141	+	35 (11) To train school board members with an outside consultant
	142	+	36 about the performance of the role of the members as public
	143	+	37 officials.
	144	+	38 (12) To prepare or score examinations used in issuing licenses,
	145	+	39 certificates, permits, or registrations under IC 25.
	146	+	40 (13) To discuss information and intelligence intended to prevent,
	147	+	41 mitigate, or respond to the threat of terrorism.
	148	+	42 (14) To train members of a board of aviation commissioners
	149	+	EH 1134—LS 6424/DI 87 4
	150	+	1 appointed under IC 8-22-2 or members of an airport authority
	151	+	2 board appointed under IC 8-22-3 with an outside consultant about
	152	+	3 the performance of the role of the members as public officials. A
	153	+	4 board may hold not more than one (1) executive session per
	154	+	5 calendar year under this subdivision.
	155	+	6 (15) For discussion by the governing body of a state educational
	156	+	7 institution of:
	157	+	8 (A) the assessment of; or
	158	+	9 (B) negotiation with another entity concerning;
	159	+	10 the establishment of a collaborative relationship or venture to
	160	+	11 advance the research, engagement, or education mission of the
	161	+	12 state educational institution. However, this subdivision does not
	162	+	13 apply to any discussions regarding research that is prohibited
	163	+	14 under IC 16-34.5-1-2 or under any other law.
	164	+	15 (16) To discuss either of the following:
	165	+	16 (A) Employee health care options with respect to special
	166	+	17 exceptions for coverage.
	167	+	18 (B) Employee handbook changes.
	168	+	19 (17) To review negotiations on the performance of publicly
	169	+	20 bid contracts when public knowledge regarding the review
	170	+	21 would cause a likelihood of increased costs.
	171	+	22 (18) To discuss soliciting proposals for the purpose of
	172	+	23 awarding contracts for goods or services, when:
	173	+	24 (A) proprietary data, trade secrets, or other information is
	174	+	25 contained in the bidder's proposal relating to the bidder's
	175	+	26 unique methods of:
	176	+	27 (i) conducting business; or
	177	+	28 (ii) determining prices or premium rates to be charged
	178	+	29 for services under the terms of the proposal; and
	179	+	30 (B) public knowledge regarding the discussion would
	180	+	31 reasonably be expected to result in private loss to the
	181	+	32 providers of the information described in clause (A).
	182	+	33 (c) A final action must be taken at a meeting open to the public.
	183	+	34 (d) Public notice of executive sessions must state the subject matter
	184	+	35 by specific reference to the enumerated instance or instances for which
	185	+	36 executive sessions may be held under subsection (b). The requirements
	186	+	37 stated in section 4 of this chapter for memoranda and minutes being
	187	+	38 made available to the public is modified as to executive sessions in that
	188	+	39 the memoranda and minutes must identify the subject matter
	189	+	40 considered by specific reference to the enumerated instance or
	190	+	41 instances for which public notice was given. The governing body shall
	191	+	42 certify by a statement in the memoranda and minutes of the governing
	192	+	EH 1134—LS 6424/DI 87 5
	193	+	1 body that no subject matter was discussed in the executive session
	194	+	2 other than the subject matter specified in the public notice.
	195	+	3 (e) A governing body may not conduct an executive session during
	196	+	4 a meeting, except as otherwise permitted by applicable statute. A
	197	+	5 meeting may not be recessed and reconvened with the intent of
	198	+	6 circumventing this subsection.
	199	+	EH 1134—LS 6424/DI 87 6
	200	+	COMMITTEE REPORT
	201	+	Mr. Speaker: Your Committee on Government and Regulatory
	202	+	Reform, to which was referred House Bill 1134, has had the same
	203	+	under consideration and begs leave to report the same back to the
	204	+	House with the recommendation that said bill be amended as follows:
	205	+	Page 1, between the enacting clause and line 1, begin a new
	206	+	paragraph and insert:
	207	+	"SECTION 1. IC 5-14-1.5-2.9, AS AMENDED BY P.L.68-2024,
16	208		SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2025]: Sec. 6.1. (a) As used in this section, "public official"
18		-	means a person:
19		-	(1) who is a member of a governing body of a public agency; or
20		-	(2) whose tenure and compensation are fixed by law and who
21		-	executes an oath.
22		-	(b) Executive sessions may be held only in the following instances:
23		-	(1) Where authorized by federal or state statute.
24		-	(2) For discussion of strategy with respect to any of the following:
25		-	(A) Collective bargaining, which does not include a discussion
26		-	or meeting under IC 20-29-6-7.
27		-	(B) Initiation of litigation or litigation that is either pending or
28		-	has been threatened specifically in writing. As used in this
29		-	clause, "litigation" includes any judicial action or
30		-	administrative law proceeding under federal or state law.
31		-	(C) The implementation of security systems.
32		-	(D) A real property transaction including:
33		-	(i) a purchase;
34		-	(ii) a lease as lessor;
35		-	(iii) a lease as lessee;
36		-	HEA 1134 — Concur 2
37		-	(iv) a transfer;
38		-	(v) an exchange; or
39		-	(vi) a sale;
40		-	by the governing body up to the time a contract or option is
41		-	executed by the parties. This clause does not affect a political
42		-	subdivision's duty to comply with any other statute that
43		-	governs the conduct of the real property transaction, including
44		-	IC 36-1-10 or IC 36-1-11.
45		-	(E) School consolidation.
46		-	However, all such strategy discussions must be necessary for
47		-	competitive or bargaining reasons and may not include
48		-	competitive or bargaining adversaries.
49		-	(3) For discussion of the assessment, design, and implementation
50		-	of school safety and security measures, plans, and systems.
51		-	(4) Interviews and negotiations with industrial or commercial
52		-	prospects or agents of industrial or commercial prospects by:
53		-	(A) the Indiana economic development corporation;
54		-	(B) the office of tourism development (before July 1, 2020) or
55		-	the Indiana destination development corporation (after June
56		-	30, 2020);
57		-	(C) the Indiana finance authority;
58		-	(D) the ports of Indiana;
59		-	(E) an economic development commission;
60		-	(F) the Indiana state department of agriculture;
61		-	(G) the Indiana White River state park development
62		-	commission;
63		-	(H) a local economic development organization that is a
64		-	nonprofit corporation established under state law whose
65		-	primary purpose is the promotion of industrial or business
66		-	development in Indiana, the retention or expansion of Indiana
67		-	businesses, or the development of entrepreneurial activities in
68		-	Indiana; or
69		-	(I) a governing body of a political subdivision.
70		-	However, this subdivision does not apply to any discussions
71		-	regarding research that is prohibited under IC 16-34.5-1-2 or
72		-	under any other law.
73		-	(5) To receive information about and interview prospective
74		-	employees.
75		-	(6) With respect to any individual over whom the governing body
76		-	has jurisdiction:
77		-	(A) to receive information concerning the individual's alleged
78		-	misconduct; and
79		-	HEA 1134 — Concur 3
80		-	(B) to discuss, before a determination, the individual's status
81		-	as an employee, a student, or an independent contractor who
82		-	is:
83		-	(i) a physician; or
84		-	(ii) a school bus driver.
85		-	(7) For discussion of records classified as confidential by state or
86		-	federal statute.
87		-	(8) To discuss before a placement decision an individual student's
88		-	abilities, past performance, behavior, and needs.
89		-	(9) To discuss a job performance evaluation, employee specific
90		-	compensation, or employment matters of individual employees.
91		-	This subdivision does not apply to a general discussion of the
92		-	salary, compensation, or benefits of employees during a budget
93		-	process.
94		-	(10) When considering the appointment of a public official, to do
	209	+	JULY 1, 2025]: Sec. 2.9. (a) This section does not apply to the
	210	+	following:
	211	+	(1) A meeting under section 6.1 of this chapter.
	212	+	(2) A state educational institution.
	213	+	(3) Subject to IC 8-1-1-8.1, a hearing noticed under IC 8-1-1-8,
	214	+	regarding which a stenographic record is required to be made and
	215	+	kept pursuant to IC 8-1-2-65.
	216	+	(b) This section applies only to the following:
	217	+	(1) A governing body of a state agency.
	218	+	(2) The following governing bodies of agencies that are not state
	219	+	agencies:
	220	+	(A) The executive (as defined in IC 36-1-2-5), legislative body
	221	+	(as defined in IC 36-1-2-9), or fiscal body (IC 36-1-2-6) of a
	222	+	county, city, town, or township.
	223	+	(B) A school board that has members who are elected.
	224	+	(C) Any governing body that conducts the governing body's
	225	+	regular meetings in the same meeting room in which a
	226	+	governing body described in clause (A) or (B) conducts its
	227	+	regular meetings.
	228	+	(c) Except as provided in subsection (e), a governing body shall
	229	+	provide on a publicly accessible platform of the public agency's choice,
95	230		the following:
96		-	(A) Develop a list of prospective appointees.
97		-	(B) Consider applications.
98		-	(C) Make one (1) initial exclusion of prospective appointees
99		-	from further consideration.
100		-	Notwithstanding IC 5-14-3-4(b)(12), a governing body may
101		-	release and shall make available for inspection and copying in
102		-	accordance with IC 5-14-3-3 identifying information concerning
103		-	prospective appointees not initially excluded from further
104		-	consideration. An initial exclusion of prospective appointees from
105		-	further consideration may not reduce the number of prospective
106		-	appointees to fewer than three (3) unless there are fewer than
107		-	three (3) prospective appointees. Interviews of prospective
108		-	appointees must be conducted at a meeting that is open to the
109		-	public.
110		-	(11) To train school board members with an outside consultant
111		-	about the performance of the role of the members as public
112		-	officials.
113		-	(12) To prepare or score examinations used in issuing licenses,
114		-	certificates, permits, or registrations under IC 25.
115		-	(13) To discuss information and intelligence intended to prevent,
116		-	mitigate, or respond to the threat of terrorism.
117		-	(14) To train members of a board of aviation commissioners
118		-	appointed under IC 8-22-2 or members of an airport authority
119		-	board appointed under IC 8-22-3 with an outside consultant about
120		-	the performance of the role of the members as public officials. A
121		-	board may hold not more than one (1) executive session per
122		-	HEA 1134 — Concur 4
123		-	calendar year under this subdivision.
124		-	(15) For discussion by the governing body of a state educational
125		-	institution of:
126		-	(A) the assessment of; or
127		-	(B) negotiation with another entity concerning;
128		-	the establishment of a collaborative relationship or venture to
129		-	advance the research, engagement, or education mission of the
130		-	state educational institution. However, this subdivision does not
131		-	apply to any discussions regarding research that is prohibited
132		-	under IC 16-34.5-1-2 or under any other law.
133		-	(16) To discuss either of the following:
134		-	(A) Employee health care options with respect to special
135		-	exceptions for coverage.
136		-	(B) Employee handbook changes.
137		-	(17) To review negotiations on the performance of publicly
138		-	bid contracts when public knowledge regarding the review
139		-	would cause a likelihood of increased costs.
140		-	(18) To discuss soliciting proposals for the purpose of
141		-	awarding contracts for goods or services, when:
142		-	(A) proprietary data, trade secrets, or other information is
143		-	contained in the bidder's proposal relating to the bidder's
144		-	unique methods of:
145		-	(i) conducting business; or
146		-	(ii) determining prices or premium rates to be charged
147		-	for services under the terms of the proposal; and
148		-	(B) public knowledge regarding the discussion would
149		-	reasonably be expected to result in private loss to the
150		-	providers of the information described in clause (A).
151		-	(c) A final action must be taken at a meeting open to the public.
152		-	(d) Public notice of executive sessions must state the subject matter
153		-	by specific reference to the enumerated instance or instances for which
154		-	executive sessions may be held under subsection (b). The requirements
155		-	stated in section 4 of this chapter for memoranda and minutes being
156		-	made available to the public is modified as to executive sessions in that
157		-	the memoranda and minutes must identify the subject matter
158		-	considered by specific reference to the enumerated instance or
159		-	instances for which public notice was given. The governing body shall
160		-	certify by a statement in the memoranda and minutes of the governing
161		-	body that no subject matter was discussed in the executive session
162		-	other than the subject matter specified in the public notice.
163		-	(e) A governing body may not conduct an executive session during
164		-	a meeting, except as otherwise permitted by applicable statute. A
165		-	HEA 1134 — Concur 5
166		-	meeting may not be recessed and reconvened with the intent of
167		-	circumventing this subsection.
168		-	HEA 1134 — Concur Speaker of the House of Representatives
169		-	President of the Senate
170		-	President Pro Tempore
171		-	Governor of the State of Indiana
172		-	Date: Time:
173		-	HEA 1134 — Concur
	231	+	(1) Live transmissions of the governing body's meetings.
	232	+	(2) Archived copies of the live transmissions described in
	233	+	subdivision (1). Each archived copy of a live transmission must
	234	+	provide access by links to the meeting's:
	235	+	(A) agenda, if any;
	236	+	(B) minutes, if any; and
	237	+	(C) memoranda.
	238	+	(d) A governing body shall include the following in the meeting
	239	+	notice:
	240	+	(1) The website for live transmissions and archived copies of live
	241	+	EH 1134—LS 6424/DI 87 7
	242	+	transmissions. in the meeting notice.
	243	+	(2) The name, electronic mail address, and mailing address of
	244	+	the person designated by the governing body to receive
	245	+	petitions regarding technological failures under section 3.9 of
	246	+	this chapter.
	247	+	(e) If a governing body does not have Internet capability for live
	248	+	transmission of meetings, the governing body shall record the meeting
	249	+	and retain the recording as provided in subsection (f).
	250	+	(f) The public agency is subject to the following:
	251	+	(1) The public agency shall make a copy of the transmission or
	252	+	recording available for public inspection and copying or
	253	+	downloading for at least ninety (90) days after the date of the
	254	+	meeting. The public agency shall, at the public agency's
	255	+	discretion, permit a person to inspect and copy or download the
	256	+	transmission or recording:
	257	+	(A) without charge, from a publicly accessible platform of the
	258	+	public agency's choosing; or
	259	+	(B) from the public agency's data storage system:
	260	+	(i) upon a request submitted by the person under
	261	+	IC 5-14-3-3; and
	262	+	(ii) during the regular business hours of the public agency.
	263	+	The public agency may charge a fee under IC 5-14-3-8 for
	264	+	providing a copy or downloaded copy under clause (B).
	265	+	(2) More than ninety (90) days after the date of the meeting, the
	266	+	public agency may destroy the transmission or recording.
	267	+	(g) A technological failure that disrupts or prevents the governing
	268	+	body from live streaming, transmission, recording, archiving, or
	269	+	maintaining a copy of a live transmission or recording of a meeting
	270	+	does not:
	271	+	(1) prevent the governing body from conducting the meeting;
	272	+	(2) except as provided in section 3.9(g) of this chapter, affect
	273	+	the validity of an action taken by the governing body at the
	274	+	meeting;
	275	+	(3) violate this chapter or any statute concerning the retention,
	276	+	preservation, or production of public records; or
	277	+	(4) subject any person to civil or criminal liability.
	278	+	SECTION 2. IC 5-14-1.5-3.9 IS ADDED TO THE INDIANA
	279	+	CODE AS A NEW SECTION TO READ AS FOLLOWS
	280	+	[EFFECTIVE JULY 1, 2025]: Sec. 3.9. (a) This section applies only
	281	+	to a meeting to which section 2.9 of this chapter applies.
	282	+	(b) As used in this section, "official action" means to:
	283	+	(1) deliberate;
	284	+	EH 1134—LS 6424/DI 87 8
	285	+	(2) make recommendations;
	286	+	(3) establish policy;
	287	+	(4) make decisions; or
	288	+	(5) take final action.
	289	+	(c) If a technological failure disrupts or prevents the live
	290	+	transmission of a public meeting, a person may challenge the
	291	+	validity of an official action taken at the meeting by delivering a
	292	+	written petition:
	293	+	(1) not later than three (3) business days after the meeting;
	294	+	and
	295	+	(2) to the person identified in the meeting notice under section
	296	+	2.9(d)(2) of this chapter.
	297	+	(d) A petition must provide the following information:
	298	+	(1) The petitioner's name.
	299	+	(2) The petitioner's means of contact by:
	300	+	(A) first class United States mail, providing the petitioner's
	301	+	mailing address; or
	302	+	(B) electronic mail, providing the petitioner's electronic
	303	+	mail address.
	304	+	(3) The meeting date and the official action that is being
	305	+	challenged.
	306	+	(e) At the next public meeting of the governing body, before
	307	+	approving the prior meeting's minutes, if any, the governing body
	308	+	shall determine whether a petition is granted or denied. A petition
	309	+	may be denied only for the following reasons:
	310	+	(1) The petition does not meet the requirements of subsections
	311	+	(c) and (d).
	312	+	(2) The technological failure alleged in the petition did not
	313	+	occur.
	314	+	(3) The governing body has a recording of the taking of the
	315	+	official action named in the petition that is:
	316	+	(A) without disruption and reasonably clear; and
	317	+	(B) available for public inspection.
	318	+	If a petition is granted, the governing body must validate the
	319	+	official action referenced in the petition by taking the official action
	320	+	again before conducting any other business of the meeting.
	321	+	(f) Not later than ten (10) calendar days after the meeting
	322	+	described in subsection (e), the governing body shall notify the
	323	+	petitioner in writing, by the means indicated by the petitioner
	324	+	under subsection (d)(2), that the petition was granted or denied as
	325	+	follows:
	326	+	(1) If the petition was denied, the reason for denying the
	327	+	EH 1134—LS 6424/DI 87 9
	328	+	petition. If the denial is described in subsection (e)(3), the
	329	+	petitioner must be informed of how the petitioner may inspect
	330	+	the recording.
	331	+	(2) If the petition was granted, the steps the governing body
	332	+	took to repeat the challenged official action.
	333	+	(g) A person may file an action under section 7 of this chapter
	334	+	to declare void any policy, decision, or final action based in whole
	335	+	or in part upon the challenged official action taken, if the
	336	+	governing body:
	337	+	(1) granted the person's petition; and
	338	+	(2) did not validate the official action by taking the official
	339	+	action again.
	340	+	However, a court may not assess a civil penalty under section 7.5
	341	+	of this chapter.
	342	+	(h) If an official action is not challenged in a petition meeting the
	343	+	requirements of subsections (b) and (c), the official action is valid
	344	+	regardless of any type of technological failure.".
	345	+	Page 5, after line 5, begin a new paragraph and insert:
	346	+	"SECTION 4. IC 5-14-1.5-7, AS AMENDED BY P.L.134-2012,
	347	+	SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	348	+	JULY 1, 2025]: Sec. 7. (a) An action may be filed by any person in any
	349	+	court of competent jurisdiction to:
	350	+	(1) obtain a declaratory judgment;
	351	+	(2) enjoin continuing, threatened, or future violations of this
	352	+	chapter; or
	353	+	(3) declare void any policy, decision, or final action:
	354	+	(A) taken at an executive session in violation of section 3(a) of
	355	+	this chapter;
	356	+	(B) taken at any meeting of which notice is not given in
	357	+	accordance with section 5 of this chapter;
	358	+	(C) that is based in whole or in part upon official action taken
	359	+	at any:
	360	+	(i) executive session in violation of section 3(a) of this
	361	+	chapter;
	362	+	(ii) meeting of which notice is not given in accordance with
	363	+	section 5 of this chapter; or
	364	+	(iii) series of gatherings in violation of section 3.1 of this
	365	+	chapter; or
	366	+	(D) taken at a meeting held in a location in violation of section
	367	+	8 of this chapter; or
	368	+	(E) that is based upon an official action taken at a meeting
	369	+	where a technological failure occurred and the official
	370	+	EH 1134—LS 6424/DI 87 10
	371	+	action was not validated under section 3.9(d) of this
	372	+	chapter.
	373	+	The plaintiff need not allege or prove special damage different from
	374	+	that suffered by the public at large.
	375	+	(b) Regardless of whether a formal complaint or an informal inquiry
	376	+	is pending before the public access counselor, any action to declare any
	377	+	policy, decision, or final action of a governing body void, or to enter an
	378	+	injunction which would invalidate any policy, decision, or final action
	379	+	of a governing body, based on violation of this chapter occurring before
	380	+	the action is commenced, shall be commenced:
	381	+	(1) prior to the delivery of any warrants, notes, bonds, or
	382	+	obligations if the relief sought would have the effect, if granted,
	383	+	of invalidating the notes, bonds, or obligations; or
	384	+	(2) with respect to any other subject matter, within thirty (30)
	385	+	days of either:
	386	+	(A) the date of the act or failure to act complained of; or
	387	+	(B) the date that the plaintiff knew or should have known that
	388	+	the act or failure to act complained of had occurred;
	389	+	whichever is later. If the challenged policy, decision, or final action is
	390	+	recorded in the memoranda or minutes of a governing body, a plaintiff
	391	+	is considered to have known that the act or failure to act complained of
	392	+	had occurred not later than the date that the memoranda or minutes are
	393	+	first available for public inspection. If the policy, decision, or final
	394	+	action is challenged on the basis of a technological failure under
	395	+	section 3.9 of this chapter, the plaintiff is considered to have known
	396	+	that the act or failure to act complained of had occurred not later
	397	+	than the meeting date.
	398	+	(c) If a court finds that a governing body of a public agency has
	399	+	violated this chapter, it may not find that the violation was cured by the
	400	+	governing body by only having taken final action at a meeting that
	401	+	complies with this chapter.
	402	+	(d) In determining whether to declare any policy, decision, or final
	403	+	action void, a court shall consider the following factors among other
	404	+	relevant factors:
	405	+	(1) The extent to which the violation:
	406	+	(A) affected the substance of the policy, decision, or final
	407	+	action;
	408	+	(B) denied or impaired access to any meetings that the public
	409	+	had a right to observe and record; and
	410	+	(C) prevented or impaired public knowledge or understanding
	411	+	of the public's business.
	412	+	(2) Whether voiding of the policy, decision, or final action is a
	413	+	EH 1134—LS 6424/DI 87 11
	414	+	necessary prerequisite to a substantial reconsideration of the
	415	+	subject matter.
	416	+	(3) Whether the public interest will be served by voiding the
	417	+	policy, decision, or final action by determining which of the
	418	+	following factors outweighs the other:
	419	+	(A) The remedial benefits gained by effectuating the public
	420	+	policy of the state declared in section 1 of this chapter.
	421	+	(B) The prejudice likely to accrue to the public if the policy,
	422	+	decision, or final action is voided, including the extent to
	423	+	which persons have relied upon the validity of the challenged
	424	+	action and the effect declaring the challenged action void
	425	+	would have on them.
	426	+	(4) Whether the defendant acted in compliance with an informal
	427	+	inquiry response or advisory opinion issued by the public access
	428	+	counselor concerning the violation.
	429	+	(e) If a court declares a policy, decision, or final action of a
	430	+	governing body of a public agency void, the court may enjoin the
	431	+	governing body from subsequently acting upon the subject matter of
	432	+	the voided act until it has been given substantial reconsideration at a
	433	+	meeting or meetings that comply with this chapter.
	434	+	(f) In any action filed under this section, a court shall award
	435	+	reasonable attorney's fees, court costs, and other reasonable expenses
	436	+	of litigation to the prevailing party if:
	437	+	(1) the plaintiff prevails; or
	438	+	(2) the defendant prevails and the court finds that the action is
	439	+	frivolous and vexatious.
	440	+	The plaintiff is not eligible for the awarding of attorney's fees, court
	441	+	costs, and other reasonable expenses if the plaintiff filed the action
	442	+	without first seeking and receiving an informal inquiry response or
	443	+	advisory opinion from the public access counselor, unless the plaintiff
	444	+	can show the filing of the action was necessary to prevent a violation
	445	+	of this chapter.
	446	+	(g) A court may assess a civil penalty under section 7.5 of this
	447	+	chapter only if the plaintiff obtained an advisory opinion from the
	448	+	public access counselor before filing an action under this section as set
	449	+	forth in section 7.5 of this chapter.
	450	+	(h) A court shall expedite the hearing of an action filed under this
	451	+	section.".
	452	+	Renumber all SECTIONS consecutively.
	453	+	and when so amended that said bill do pass.
	454	+	EH 1134—LS 6424/DI 87 12
	455	+	(Reference is to HB 1134 as introduced.)
	456	+	MILLER D
	457	+	Committee Vote: yeas 12, nays 0.
	458	+	_____
	459	+	HOUSE MOTION
	460	+	Mr. Speaker: I move that House Bill 1134 be amended to read as
	461	+	follows:
	462	+	Page 4, line 8, delete "." and insert "and copying or downloading
	463	+	as provided in section 2.9(f) of this chapter.".
	464	+	Page 4, line 33, delete "(b) and (c)," and insert "(c) and (d),".
	465	+	Page 8, line 39, delete "3.9(d)" and insert "3.9(e)".
	466	+	(Reference is to HB 1134 as printed February 10, 2025.)
	467	+	SMALTZ
	468	+	_____
	469	+	COMMITTEE REPORT
	470	+	Mr. President: The Senate Committee on Local Government, to
	471	+	which was referred House Bill No. 1134, has had the same under
	472	+	consideration and begs leave to report the same back to the Senate with
	473	+	the recommendation that said bill be AMENDED as follows:
	474	+	Page 1, delete lines 1 through 17.
	475	+	Delete pages 2 through 3.
	476	+	Page 4, delete lines 1 through 35.
	477	+	Page 6, line 24, after "evaluation" insert ", employee specific
	478	+	compensation, or employment matters".
	479	+	Page 6, line 25, after "to a" insert "general".
	480	+	Page 8, delete lines 16 through 42.
	481	+	Delete pages 9 through 10.
	482	+	Renumber all SECTIONS consecutively.
	483	+	and when so amended that said bill do pass.
	484	+	(Reference is to HB 1134 as reprinted February 14, 2025.)
	485	+	BUCK, Chairperson
	486	+	Committee Vote: Yeas 10, Nays 0.
	487	+	EH 1134—LS 6424/DI 87