Sec. 17. (a) IC 5-14-3 applies to the text of a rule that an agency intends to adopt from the earlier of the date that the agency takes any action under section 23 of this chapter, otherwise notifies the public of its intent to adopt a rule under any statute, or adopts the rule.

     (b) IC 5-14-3 applies both to a rule and to the full text of a matter directly or indirectly incorporated by reference into the rule.

     (c) Subject to subsection (e), after June 30, 2023, a public hearing or other public meeting in which an agency receives comments concerning a rulemaking action from the general public must be webcast on the state website during the hearing or meeting for the public to view the proceedings. Webcasts must be archived as public records on the state website.

     (d) Subject to subsection (e), after June 30, 2023, an agency that conducts a public hearing or other public meeting at which the agency receives comments concerning a rulemaking action from the general public must provide a method by which members of the public can attend and comment remotely.

     (e) The office of management and budget in consultation with the office of technology and the publisher shall establish how and where webcasts will be available, how agencies will provide opportunities for the general public to attend and comment remotely, and where notices of upcoming webcasts will be posted. The governor, by executive order, may delay the implementation of subsection (c) or (d), or both, for one (1) or more agencies if the governor finds that implementation of subsection (c) or (d), or both, is not technically feasible. The governor shall include specific findings concerning the reasons for a delay in the executive order. A delay under this subsection may not extend beyond December 31, 2025.

     (f) Inadequacy or insufficiency of webcasting, archive of webcasting, or remote access under this section or a statement in a notice of the availability of webcasting, archive of webcasting, or remote access does not invalidate a rulemaking action.

As added by P.L.31-1985, SEC.6. Amended by P.L.249-2023, SEC.11.