HB 1360 — Access to public records.

Summary

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.

Bill Text

• Enrolled Enrolled House Bill (H) Current pdf
• Engrossed Engrossed House Bill (S) pdf
• House Bill (H) View text pdf
• Introduced Introduced House Bill (H) pdf

Action History

1. March 04, 2026

   Signed by the Governor

2. February 27, 2026

   Signed by the President Pro Tempore

3. February 27, 2026

   Signed by the President of the Senate

4. March 04, 2026

   Public Law 97

5. February 26, 2026

   Signed by the Speaker

6. February 25, 2026

   Motion to concur filed

7. February 25, 2026

   Returned to the House with amendments

8. February 25, 2026

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

9. February 24, 2026

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

10. February 23, 2026

    Second reading: ordered engrossed

11. February 19, 2026

    Committee report: amend do pass, adopted

12. February 02, 2026

    First reading: referred to Committee on Commerce and Technology

13. January 29, 2026

    Referred to the Senate

14. January 28, 2026

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

15. January 28, 2026

    Senate sponsor: Senator Brown L

16. January 27, 2026

    Amendment #1 (Lehman) prevailed; voice vote

17. January 27, 2026

    Second reading: amended, ordered engrossed

18. January 22, 2026

    Representative Miller D added as coauthor

19. January 22, 2026

    Committee report: amend do pass, adopted

20. January 15, 2026

    Representative Porter added as coauthor

21. January 08, 2026

    Coauthored by Representative Carbaugh

22. January 08, 2026

    Authored by Representative Lehman

23. January 08, 2026

    First reading: referred to Committee on Government and Regulatory Reform

Sponsors

• Matt Lehman · Primary

Votes

Subjects