IndianaHB 1360Second Regular Session 124th General Assembly (2026)HouseWALLET

Access to public records.

Sponsored By: Matt Lehman (Republican)

Signed by Governor

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.

government and regulatory reformthe senatecommerce and technology

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 2 costs, 3 mixed.

Electronic records charges include review labor

Beginning July 1, 2026, the direct-cost calculation for covered electronic data copies or computer reprogramming equals 105% of specified costs. It includes labor to review law-enforcement recordings and confirm that information barred from release has been hidden. Including that review labor can raise requesters' charges.

Litigants face limits on duplicate requests

Beginning July 1, 2026, Indiana agencies may deny records requests that duplicate the requester's discovery request in ongoing litigation. The requester must be a party to that case. This denial power does not cover requests outside those conditions.

Online records denials follow seven-day rules

Beginning July 1, 2026, covered online portal requests are treated as denied after seven days without an agency response. Requesters may appeal that denial. For copy requests through these portals, a denial does not occur until seven days after agency receipt. These rules set when requesters can use remedies tied to a denial.

Local records priority, out-of-state fees

Beginning July 1, 2026, Indiana agencies may prioritize residents' requests and requests for civic, news, academic, or personal use. They may delay out-of-state entities' or automated requests only as needed to prevent disruption of core agency work. Agencies may also charge non-Indiana residents or out-of-state entities an extra processing fee tied to fulfillment costs. That fee cannot exceed $0.25 per page or $25 per hour of staff time. Agencies may waive it when a request serves the public interest.

Security checks can limit records access

Beginning July 1, 2026, Indiana agencies may create online public-records portals. Portals must verify users are human, verify physical addresses, and show whether users are Indiana residents. They must automatically track and report suspected automated submissions and submissions linked to known phishing or data-scraping sources. Agencies may decline electronic responses over suspected phishing, data scraping, or threats to their systems or data. When declining without otherwise responding, agencies must notify the Public Access Counselor within seven days and explain why.

Sponsors & Cosponsors

Sponsor

  • Matt Lehman

    Republican • House

Cosponsors

  • Doug Miller

    Republican • House

  • Gregory Porter

    Democratic • House

  • Liz Brown

    Republican • Senate

  • Martin Carbaugh

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 237 • No: 0

House vote • 2/25/2026

House concurred with Senate amendments

Yes: 95 • No: 0

Senate vote • 2/24/2026

Third reading: passed

Yes: 48 • No: 0

House vote • 1/28/2026

Third reading: passed

Yes: 94 • No: 0

Bill Text

  • Engrossed House Bill (S)

  • Enrolled House Bill (H)

  • House Bill (H)

  • Introduced House Bill (H)

Related Bills

Back to State Legislation