§ 5-14-1.5-2.9 — Duty of governing body to provide live transmission of meetings; applicability and exemptions; archived copies; recording of meetings; public access to transmission or recording; technological failures

Indiana § 5-14-1.5-2.9

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 14: PUBLIC RECORDS AND PUBLIC MEETINGS
• Ch. 1.5: Public Meetings (Open Door Law)

Text

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.
(4) A meeting conducted under IC 6-1.5-2-4, for which a record
of the proceedings and any orders are required to be kept under IC 6-1.5-2-5.
(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 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.

Legislative History

As added by P.L.127-2023, SEC.1. Amended by P.L.68-2024, SEC.1; P.L.213-2025, SEC.66.