In 2023, the Indiana General Assembly adopted HEA 1167-2023, which created a new statutory section within the Open-Door Law statutes (I.C. 5-14-1.5-2.9). That statute was subsequently amended in HEA 1306-2024 and is scheduled to go into effect July 1, 2025. The new statute requires certain local and State of Indiana entities to live broadcast all public meetings, keep a copy of the recording, and archive those recordings on their website for not less than 90 days, among other requirements. This new statute results in significant planning and consideration on behalf of impacted governing bodies.
Who Is Impacted?
This new law applies to the following governing bodies in Indiana:
- All state boards and commissions
- All elected school boards
- All county boards of commissioners
- All county councils, city-county councils, common councils, town councils, and township boards
- Any governing body that conducts the governing body’s regular meetings in the same meeting room in which an executive, legislative body, fiscal body, or elected school board meet
The law does not apply to:
- Unelected school boards
- Executive sessions of a governing body
- State educational institutions
- Certain meetings of the Indiana Utility Regulatory Commission
- Governing body committees
- Agencies of counties, municipalities, or townships
- Fire protection districts and territories
What Does It Mean?
If I.C. 5-14-1.5-2.9 applies to your governing body, you must meet the following requirements beginning July 1, 2025:
- Post on a publicly accessible platform (of the governing body’s choosing) live video transmissions of the governing body’s meetings.
- Record the live transmissions and archive copies along with the agenda, minutes, and any memorandum on the publicly accessible platform.
- Include the website address for live transmissions and archived copies in the meeting notice.
- Make the recordings and accompanying materials available for public inspection under the Access to Public Records Act.
- Retain the recordings for a minimum of 90 days (after which they may be destroyed).
If the governing body does not have internet access for live transmissions, the meeting must still be recorded and posted to a publicly accessible platform after the meeting has concluded. Additionally, if an unforeseen technological failure should prevent livestreaming, recording, archiving, or maintaining a copy of a live transmission or recording, it will not prevent the governing body from conducting the meeting or impact the validity of an action taken at the meeting.
What Do I Need to Do?
Think about the following when planning for implementation:
- Do you have the appropriate hardware for implementation (cameras, monitors, computers, etc.)?
- Do you have access to the appropriate software for livestreaming and recording meetings (Microsoft Teams, Zoom, etc.)?
- Do you have a person who is trained at setting up the hardware and managing the software before, during, and after meetings?
- Do you have a dedicated, publicly accessible spot on your website to post the relevant recordings and materials?
- Do you have enough server storage space to accommodate the multiple large video files and other materials?
- Have you planned to update your meeting notice templates with your website information?
- Have you contacted your attorney to ensure compliance?
For more information on these new requirements, please contact the authors or any attorney with Frost Brown Todd’s Government Services Practice Group.