Indiana 2022 Regular Session

Indiana House Bill HB1130 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1130.2
	2	+	Reprinted
	3	+	March 1, 2022
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1130
	6	+	_____
	7	+	DIGEST OF HB 1130 (Updated February 28, 2022 2:54 pm - DI 87)
	8	+	Citations Affected: IC 5-14.
	9	+	Synopsis: Open meetings. Requires a governing body of a school
	10	+	corporation (school board) to allow each member of the public
	11	+	attending a meeting (attendee) the opportunity to provide oral public
	12	+	comment. Allows a school board to permit oral public comment at a
	13	+	public meeting that is conducted electronically during a state or local
	14	+	disaster emergency. Restricts the circumstances in which the governing
	15	+	body of a state or local public agency may hold a virtual meeting
	16	+	during a declared disaster emergency without any of the governing
	17	+	body members physically present.
	18	+	Effective: July 1, 2022.
	19	+	O'Brien, Teshka, Bartels, Davis
	20	+	(SENATE SPONSORS — BUCK, BECKER, MESSMER, HOUCHIN, CRA NE)
	21	+	January 4, 2022, read first time and referred to Committee on Government and Regulatory
	22	+	Reform.
	23	+	January 20, 2022, amended, reported — Do Pass.
	24	+	January 24, 2022, read second time, ordered engrossed. Engrossed.
	25	+	January 25, 2022, read third time, passed. Yeas 92, nays 1.
	26	+	SENATE ACTION
	27	+	February 2, 2022, read first time and referred to Committee on Education and Career
	28	+	Development.
	29	+	February 17, 2022, amended, reported favorably — Do Pass.
	30	+	February 21, 2022, read second time, ordered engrossed. Engrossed.
	31	+	February 22, 2022, returned to second reading.
	32	+	February 28, 2022, re-read second time, amended, ordered engrossed.
	33	+	EH 1130—LS 6660/DI 87 Reprinted
	34	+	March 1, 2022
1	35		Second Regular Session of the 122nd General Assembly (2022)
2	36		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	37		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	38		additions will appear in this style type, and deletions will appear in this style type.
5	39		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	40		provision adopted), the text of the new provision will appear in this style type. Also, the
7	41		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	42		a new provision to the Indiana Code or the Indiana Constitution.
9	43		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	44		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1130
12		-	AN ACT to amend the Indiana Code concerning state and local
13		-	administration.
	45	+	ENGROSSED
	46	+	HOUSE BILL No. 1130
	47	+	A BILL FOR AN ACT to amend the Indiana Code concerning state
	48	+	and local administration.
14	49		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 5-14-1.5-3, AS AMENDED BY P.L.134-2012,
16		-	SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2022]: Sec. 3. (a) Except as provided in section 6.1 of this
18		-	chapter, all meetings of the governing bodies of public agencies must
19		-	be open at all times for the purpose of permitting members of the
20		-	public to observe and record them.
21		-	(b) A secret ballot vote may not be taken at a meeting.
22		-	(c) A meeting conducted in compliance with section 3.5 or 3.6 of
23		-	this chapter or any other statute that authorizes a governing body to
24		-	conduct a meeting using an electronic means of communication does
25		-	not violate this section.
26		-	(d) This subsection applies only to the governing body of a
27		-	school corporation. The governing body:
28		-	(1) shall allow a member of the public who is physically
29		-	present at the meeting location, including a meeting
30		-	conducted under section 3.5 of this chapter, to provide oral
31		-	public comment; and
32		-	(2) may allow a member of the public to provide oral public
33		-	comment during a meeting conducted under section 3.7 of this
34		-	chapter.
35		-	A governing body may adopt reasonable rules to govern the taking
36		-	HEA 1130 — Concur 2
37		-	of oral public comment at a meeting. The governing body may set
38		-	a limit on the total amount of time for receiving oral public
39		-	comment on a topic.
40		-	(e) Nothing in this section prohibits a governing body from
41		-	taking reasonable steps to maintain order in a meeting, including
42		-	removal of any person who is willfully disruptive of the meeting.
43		-	SECTION 2. IC 5-14-1.5-3.7, AS ADDED BY P.L.88-2021,
	50	+	1 SECTION 1. IC 5-14-1.5-3, AS AMENDED BY P.L.134-2012,
	51	+	2 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	52	+	3 JULY 1, 2022]: Sec. 3. (a) Except as provided in section 6.1 of this
	53	+	4 chapter, all meetings of the governing bodies of public agencies must
	54	+	5 be open at all times for the purpose of permitting members of the
	55	+	6 public to observe and record them.
	56	+	7 (b) A secret ballot vote may not be taken at a meeting.
	57	+	8 (c) A meeting conducted in compliance with section 3.5 or 3.6 of
	58	+	9 this chapter or any other statute that authorizes a governing body to
	59	+	10 conduct a meeting using an electronic means of communication does
	60	+	11 not violate this section.
	61	+	12 (d) This subsection applies only to the governing body of a
	62	+	13 school corporation. The governing body:
	63	+	14 (1) shall allow a member of the public who is physically
	64	+	15 present at the meeting location, including a meeting
	65	+	16 conducted under section 3.5 of this chapter, to provide oral
	66	+	17 public comment; and
	67	+	EH 1130—LS 6660/DI 87 2
	68	+	1 (2) may allow a member of the public to provide oral public
	69	+	2 comment during a meeting conducted under section 3.7 of this
	70	+	3 chapter.
	71	+	4 A governing body may adopt reasonable rules to govern the taking
	72	+	5 of oral public comment at a meeting. The governing body may set
	73	+	6 a limit on the total amount of time for receiving oral public
	74	+	7 comment on a topic.
	75	+	8 (e) Nothing in this section prohibits a governing body from
	76	+	9 taking reasonable steps to maintain order in a meeting, including
	77	+	10 removal of any person who is willfully disruptive of the meeting.
	78	+	11 SECTION 2. IC 5-14-1.5-3.7, AS ADDED BY P.L.88-2021,
	79	+	12 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	80	+	13 JULY 1, 2022]: Sec. 3.7. (a) This section applies only if: As used in
	81	+	14 this section, "disaster emergency" means:
	82	+	15 (1) the governor declares a disaster emergency declared by the
	83	+	16 governor under IC 10-14-3-12; or
	84	+	17 (2) the executive (as defined in IC 36-1-2-5) of a political
	85	+	18 subdivision declares a local disaster emergency declared by the
	86	+	19 executive (as defined in IC 36-1-2-5) of a political subdivision
	87	+	20 under IC 10-14-3-29.
	88	+	21 (b) Notwithstanding section 3.5 or 3.6 of this chapter, the members
	89	+	22 of a governing body are not required to be physically present at a
	90	+	23 meeting until if:
	91	+	24 (1) the a disaster emergency or local disaster emergency is
	92	+	25 terminated. is in effect for all or part of the area within the
	93	+	26 governing body's jurisdiction; and
	94	+	27 (2) because of the particular danger, threat, or emergency
	95	+	28 conditions that are the basis for the declaration of the disaster
	96	+	29 emergency, meeting in person:
	97	+	30 (A) would be impractical; or
	98	+	31 (B) would present an imminent risk to the health or safety
	99	+	32 of the members of the public and the governing body who
	100	+	33 attend the meeting.
	101	+	34 (c) The members of a governing body may meet by any means of
	102	+	35 electronic communication, if the following are satisfied:
	103	+	36 (1) At least a quorum of the members of the governing body
	104	+	37 participate in the meeting by means of electronic communication
	105	+	38 or in person.
	106	+	39 (2) The public is able to simultaneously attend and observe the
	107	+	40 meeting. However, this subdivision does not apply to a meeting
	108	+	41 held in executive session.
	109	+	42 (c) (d) The memoranda for a meeting prepared under section 4 of
	110	+	EH 1130—LS 6660/DI 87 3
	111	+	1 this chapter for a meeting held under this section must:
	112	+	2 (1) state the name of each member of the governing body who:
	113	+	3 (A) participated in the meeting by using any electronic means
	114	+	4 of communication; and
	115	+	5 (B) was absent; and
	116	+	6 (2) identify the electronic means of communication by which:
	117	+	7 (A) members of the governing body participated in the
	118	+	8 meeting; and
	119	+	9 (B) the public attended and observed the meeting, if the
	120	+	10 meeting was not held in executive session.
	121	+	11 (d) (e) All votes taken during a meeting under this section must be
	122	+	12 taken by roll call vote.
	123	+	EH 1130—LS 6660/DI 87 4
	124	+	COMMITTEE REPORT
	125	+	Mr. Speaker: Your Committee on Government and Regulatory
	126	+	Reform, to which was referred House Bill 1130, has had the same
	127	+	under consideration and begs leave to report the same back to the
	128	+	House with the recommendation that said bill be amended as follows:
	129	+	Page 1, line 3, reset in roman "Except as provided in section 6.1 of
	130	+	this".
	131	+	Page 1, line 4, reset in roman "chapter,".
	132	+	Page 1, line 4, delete "All" and insert "all".
	133	+	Page 1, line 4, delete "agencies," and insert "agencies".
	134	+	Page 1, delete line 5.
	135	+	Page 1, line 7, delete ":".
	136	+	Page 1, line 8, delete "(1)".
	137	+	Page 1, line 8, delete "; and" and insert ".".
	138	+	Page 1, run in lines 7 through 8.
	139	+	Page 1, delete line 9.
	140	+	Page 1, line 15, after "(d)" insert "This subsection applies only to
	141	+	the governing body of a school corporation.".
	142	+	Page 2, after line 10, begin a new paragraph and insert:
	143	+	"SECTION 2. IC 5-14-1.5-3.7, AS ADDED BY P.L.88-2021,
44	144		SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
45	145		JULY 1, 2022]: Sec. 3.7. (a) This section applies only if: As used in
46	146		this section, "disaster emergency" means:
47	147		(1) the governor declares a disaster emergency declared by the
48	148		governor under IC 10-14-3-12; or
49	149		(2) the executive (as defined in IC 36-1-2-5) of a political
50	150		subdivision declares a local disaster emergency declared by the
51	151		executive (as defined in IC 36-1-2-5) of a political subdivision
52	152		under IC 10-14-3-29.
53	153		(b) Notwithstanding section 3.5 or 3.6 of this chapter, the members
54	154		of a governing body are not required to be physically present at a
55	155		meeting until if:
56	156		(1) the a disaster emergency or local disaster emergency is
57	157		terminated. is in effect for all or part of the area within the
58	158		governing body's jurisdiction; and
59	159		(2) because of the particular danger, threat, or emergency
60	160		conditions that are the basis for the declaration of the disaster
61	161		emergency, meeting in person:
62	162		(A) would be impractical; or
63	163		(B) would present an imminent risk to the health or safety
64	164		of the members of the public and the governing body who
	165	+	EH 1130—LS 6660/DI 87 5
65	166		attend the meeting.
66	167		(c) The members of a governing body may meet by any means of
67	168		electronic communication, if the following are satisfied:
68	169		(1) At least a quorum of the members of the governing body
69	170		participate in the meeting by means of electronic communication
70	171		or in person.
71	172		(2) The public is able to simultaneously attend and observe the
72	173		meeting. However, this subdivision does not apply to a meeting
73	174		held in executive session.
74	175		(c) (d) The memoranda for a meeting prepared under section 4 of
75	176		this chapter for a meeting held under this section must:
76	177		(1) state the name of each member of the governing body who:
77	178		(A) participated in the meeting by using any electronic means
78	179		of communication; and
79		-	HEA 1130 — Concur 3
80	180		(B) was absent; and
81	181		(2) identify the electronic means of communication by which:
82	182		(A) members of the governing body participated in the
83	183		meeting; and
84	184		(B) the public attended and observed the meeting, if the
85	185		meeting was not held in executive session.
86	186		(d) (e) All votes taken during a meeting under this section must be
87		-	taken by roll call vote.
88		-	HEA 1130 — Concur Speaker of the House of Representatives
89		-	President of the Senate
90		-	President Pro Tempore
91		-	Governor of the State of Indiana
92		-	Date: Time:
93		-	HEA 1130 — Concur
	187	+	taken by roll call vote.".
	188	+	and when so amended that said bill do pass.
	189	+	(Reference is to HB 1130 as introduced.)
	190	+	MILLER D
	191	+	Committee Vote: yeas 11, nays 0.
	192	+	_____
	193	+	COMMITTEE REPORT
	194	+	Madam President: The Senate Committee on Education and Career
	195	+	Development, to which was referred House Bill No. 1130, has had the
	196	+	same under consideration and begs leave to report the same back to the
	197	+	Senate with the recommendation that said bill be AMENDED as
	198	+	follows:
	199	+	Page 1, delete lines 12 through 17, begin a new paragraph and
	200	+	insert:
	201	+	"(d) This subsection applies only to the governing body of a
	202	+	school corporation. The governing body:
	203	+	EH 1130—LS 6660/DI 87 6
	204	+	(1) shall allow a member of the public who is physically
	205	+	present at the meeting location, including a meeting
	206	+	conducted under section 3.5 of this chapter, to provide oral
	207	+	public comment; and
	208	+	(2) may allow a member of the public to provide oral public
	209	+	comment during a meeting conducted under section 3.7 of this
	210	+	chapter.
	211	+	A governing body may adopt reasonable rules to govern the taking
	212	+	of oral public comment at a meeting. The governing body may set
	213	+	a limit on the total amount of time for receiving oral public
	214	+	comment on a topic. However the total amount of time allotted to
	215	+	a member of the public at a meeting to speak on all topics
	216	+	combined may not be less than three (3) minutes.".
	217	+	Page 2, delete lines 1 through 5.
	218	+	and when so amended that said bill do pass.
	219	+	(Reference is to HB 1130 as printed January 20, 2022.)
	220	+	RAATZ, Chairperson
	221	+	Committee Vote: Yeas 10, Nays 1.
	222	+	_____
	223	+	SENATE MOTION
	224	+	Madam President: I move that Engrossed House Bill 1130, which
	225	+	is eligible for third reading, be returned to second reading for purposes
	226	+	of amendment.
	227	+	BUCK
	228	+	_____
	229	+	SENATE MOTION
	230	+	Madam President: I move that Engrossed House Bill 1130 be
	231	+	amended to read as follows:
	232	+	Page 2, line 7, delete "However the total amount of time allotted to".
	233	+	EH 1130—LS 6660/DI 87 7
	234	+	Page 2, delete lines 8 through 9.
	235	+	(Reference is to EHB 1130 as printed February 18, 2022.)
	236	+	BUCK
	237	+	EH 1130—LS 6660/DI 87