Section 5-14-1.5-2.9 - [Effective 7/1/2025] [Effective 7/1/2025] 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(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: (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.Amended by P.L. 68-2024,SEC. 1, eff. 7/1/2025.Added by P.L. 127-2023,SEC. 1, eff. 7/1/2025.This section is set out more than once due to postponed, multiple, or conflicting amendments.