1. (a) This section applies only if:

   1. (1) the governor declares a disaster emergency under IC 10-14-3-12 ; or
   2. (2) the executive (as defined in IC 36-1-2-5 ) of a political subdivision declares a local disaster emergency under IC 10-14-3-29 .

2. (b) Notwithstanding section 3.5 or 3.6 of this chapter, the members of a governing body are not required to be physically present at a meeting until the disaster emergency or local disaster emergency is terminated. The members of a governing body may meet by any means of electronic communication, if the following are satisfied:

   1. (1) At least a quorum of the members of the governing body participate in the meeting by means of electronic communication or in person.
   2. (2) The public is able to simultaneously attend and observe the meeting. However, this subdivision does not apply to a meeting held in executive session.

3. (c) The memoranda for a meeting prepared under section 4 of this chapter for a meeting held under this section must:

   1. (1) state the name of each member of the governing body who:

      1. (A) participated in the meeting by using any electronic means of communication; and
      2. (B) was absent; and

   2. (2) identify the electronic means of communication by which:

      1. (A) members of the governing body participated in the meeting; and
      2. (B) the public attended and observed the meeting, if the meeting was not held in executive session.
4. (d) All votes taken during a meeting under this section must be taken by roll call vote.

As added by P.L.88-2021, SEC.7.