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HB1360Introduced in the House

Access to public records.

Passed

Introduced by Matthew Lehman, District 79

What does this bill do?

Plain-English breakdown

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Official description

Access to public records. Allows a public agency to establish and maintain an electronic portal for submission of public records requests that: (1) incorporates CAPTCHA or an equivalent mechanism for ensuring that a requestor is a human; (2) requires verification of a requestor's physical address; (3) indicates to the public agency whether the requestor is a resident of Indiana; and (4) automatically tracks and reports submissions suspected to be automated or to have originated from known sources of phishing or data scraping. Provides that a public agency may deny a public record request if the request: (1) is made by a person that is a party to pending or ongoing litigation; and (2) is duplicative of a discovery request made by the person in the pending or ongoing litigation. Provides that: (1) a public agency may decline to respond to a public records request if the public agency suspects: (A) the request to be data scraping or phishing activity; or (B) that responding to the request electronically may: (i) expose the public agency's electronic systems or data to unauthorized access or alteration; or (ii) otherwise jeopardize the security of the public agency's electronic systems or data; and (2) if the public agency declines to respond to the request, the public agency must report: (A) the request; and (B) the public agency's reason for declining to respond to the request; to the public access counselor. Allows a public agency to collect a supplemental fee for processing public records requests submitted by non-Indiana residents or out-of-state entities. Allows a public agency to give priority in fulfilling public records requests to: (1) Indiana residents; and (2) requests submitted for civic, journalistic, academic, or personal use. Requires public agencies to report to the public access counselor regarding public records requests suspected of being automated, data scraping activity, or phishing activity (suspect public records requests). Provides that the general assembly may establish reasonable and narrowly tailored procedural safeguards to preserve the integrity and availability of public agency resources. Requires the public access counselor to: (1) take specified actions with regard to identifying excessive and suspect public records requests; and (2) include in the public access counselor's annual report: (A) information regarding the volume and nature of public records requests received by public agencies, including information regarding suspect public records requests reported by public agencies; and (B) recommendations to the general assembly regarding statutory or administrative remedies to excessive and suspect public records requests.

Where it stands

Public Law 97

March 4, 2026

How did lawmakers vote?

House votes

2 recorded votes · each counted separately

Senate votes

1 recorded vote · each counted separately

HouseStage: House - House concurred with Senate amendments · February 25, 2026

95

Yes

0

No

5

Absent or Not Voting

100 representatives recorded in this House vote. Colors show vote categories only, not whether a vote was good or bad.

See how each representative voted

Bill history

  1. Coauthored by Representative Carbaugh

  2. Authored by Representative Lehman

  3. First reading: referred to Committee on Government and Regulatory Reform

  4. Representative Porter added as coauthor

  5. Representative Miller D added as coauthor

  6. Committee report: amend do pass, adopted

  7. Amendment #1 (Lehman) prevailed; voice vote

  8. Second reading: amended, ordered engrossed

  9. Senate sponsor: Senator Brown L

  10. Third reading: passed; Roll Call 115: yeas 94, nays 0

  11. Referred to the Senate

  12. First reading: referred to Committee on Commerce and Technology

  13. Committee report: amend do pass, adopted

  14. Second reading: ordered engrossed

  15. Third reading: passed; Roll Call 257: yeas 48, nays 0

  16. Returned to the House with amendments

  17. Motion to concur filed

  18. House concurred with Senate amendments; Roll Call 381: yeas 95, nays 0

  19. Signed by the Speaker

  20. Signed by the President Pro Tempore

  21. Signed by the President of the Senate

  22. Signed by the Governor

  23. Public Law 97

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