HB 1360 IN

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Became Law

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.

• Matt Lehman Republican · author
• Liz Brown Republican · sponsor

1. Jan 8, 2026 First reading: referred to Committee on Government and Regulatory Reform · lower
2. Jan 8, 2026 Authored by Representative Lehman · lower
3. Jan 8, 2026 Coauthored by Representative Carbaugh · lower
4. Jan 15, 2026 Representative Porter added as coauthor · lower
5. Jan 22, 2026 Committee report: amend do pass, adopted · lower
6. Jan 22, 2026 Representative Miller D added as coauthor · lower
7. Jan 27, 2026 Second reading: amended, ordered engrossed · lower
8. Jan 27, 2026 Amendment #1 (Lehman) prevailed; voice vote · lower
9. Jan 28, 2026 Senate sponsor: Senator Brown L · lower
10. Jan 28, 2026 Third reading: passed; Roll Call 115: yeas 94, nays 0 · lower
11. Jan 29, 2026 Referred to the Senate · lower
12. Feb 2, 2026 First reading: referred to Committee on Commerce and Technology · upper
13. Feb 19, 2026 Committee report: amend do pass, adopted · upper
14. Feb 23, 2026 Second reading: ordered engrossed · upper
15. Feb 24, 2026 Third reading: passed; Roll Call 257: yeas 48, nays 0 · upper
16. Feb 25, 2026 House concurred with Senate amendments; Roll Call 381: yeas 95, nays 0 · lower
17. Feb 25, 2026 Returned to the House with amendments · upper
18. Feb 25, 2026 Motion to concur filed · lower
19. Feb 26, 2026 Signed by the Speaker · lower
20. Mar 4, 2026 Public Law 97 · lower
21. Feb 27, 2026 Signed by the President of the Senate · upper
22. Feb 27, 2026 Signed by the President Pro Tempore · upper
23. Mar 4, 2026 Signed by the Governor · executive