*ES0083.1*
February 22, 2022
ENGROSSED
SENATE BILL No. 83
_____
DIGEST OF SB 83 (Updated February 21, 2022 10:09 am - DI 147)
Citations Affected: IC 5-14.
Synopsis: School board meetings. Provides that the governing body of
a school corporation shall allow oral public comment regarding an
agenda item before or during the governing body's discussion or
consideration of an agenda item.
Effective: July 1, 2022.
Leising, Walker K, Becker
(HOUSE SPONSORS — BEHNING, O'BRIEN, PRESCOTT)
January 4, 2022, read first time and referred to Committee on Education and Career
Development.
January 27, 2022, amended, reported favorably — Do Pass.
January 31, 2022, read second time, amended, ordered engrossed.
February 1, 2022, engrossed. Read third time, passed. Yeas 45, nays 4.
HOUSE ACTION
February 7, 2022, read first time and referred to Committee on Education.
February 22, 2022, amended, reported — Do Pass.
ES 83—LS 6343/DI 87 February 22, 2022
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 83
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-14-1.5-3.2 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2022]: Sec. 3.2. (a) This section applies only
4 to the governing body of a school corporation.
5 (b) The governing body shall allow oral public comment
6 regarding an agenda item before or during the governing body's
7 discussion or consideration of the agenda item.
ES 83—LS 6343/DI 87 2
COMMITTEE REPORT
Madam President: The Senate Committee on Education and Career
Development, to which was referred Senate Bill No. 83, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, line 15, delete "IC 5-14-3-3.9" and insert "IC 5-14-1.5-3.9".
Page 3, line 10, delete "IC 5-14-3-3.9" and insert "IC 5-14-1.5-3.9".
Page 3, line 20, delete "IC 5-14-3-3.9" and insert "IC 5-14-1.5-3.9".
and when so amended that said bill do pass.
(Reference is to SB 83 as introduced.)
RAATZ, Chairperson
Committee Vote: Yeas 8, Nays 4.
_____
SENATE MOTION
Madam President: I move that Senate Bill 83 be amended to read as
follows:
Page 1, delete lines 15 through 17, begin a new paragraph and
insert:
"SECTION 2. IC 5-14-1.5-3.5, AS AMENDED BY P.L.137-2021,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3.5. (a) This section applies only to a governing
body of a public agency of a political subdivision, other than a
governing body of an airport authority, a department of aviation, or a
conservancy district as set forth in section 3.6 of this chapter.
(b) Subject to subsection (i), a member of the governing body of a
public agency who is not physically present at a meeting of the
governing body may participate in a meeting by any electronic means
of communication that does the following:
(1) Allows all participating members of the governing body to
simultaneously communicate with each other.
(2) Allows the public to simultaneously attend and observe the
meeting. However, this subdivision does not apply to a meeting
held in executive session.
Subject to subsection (i), a governing body member who participates
in the meeting by an electronic means of communication shall be
ES 83—LS 6343/DI 87 3
considered present for purposes of establishing a quorum but may
participate in any final action taken at the meeting only if the member
can be seen and heard.
(c) A technological failure in an electronic means of communication
that disrupts or prevents:
(1) the simultaneous communication between a member who is
not physically present at the meeting and the governing body; or
(2) a member of the public who is not present at the meeting from
attending and observing the meeting;
does not prevent the governing body from conducting the meeting or
affect the validity of an action taken by the governing body at the
meeting if the sum of the governing body members physically present
at the meeting and the governing body members participating by
electronic communication without technological failure satisfy the
quorum and (if a final action is taken) the voting requirements of the
governing body.
(d) The governing body shall adopt a written policy establishing the
procedures that apply to a member's participation in a meeting by an
electronic means of communication. The governing body may establish
procedures that are more restrictive than the procedures established by
this section. The policy adopted under this section may include:
(1) limiting the number of members who may participate by
electronic communication in any one (1) meeting;
(2) limiting the total number of meetings that the governing body
may conduct in a calendar year by electronic communication; and
(3) requiring a member, except in the case of a meeting called to
deal with an emergency under section 5(d) of this chapter, who
plans to attend a meeting by any electronic means of
communication to notify the presiding officer within a certain
period of time before the meeting, as specified by the governing
body, so that arrangements may be made for the member's
participation by electronic communication.
(e) The memoranda prepared under section 4 of this chapter for a
meeting in which a member participates by an electronic means of
communication must:
(1) state the name of each member of the governing body who:
(A) was physically present at the place where the meeting was
conducted;
(B) participated in the meeting by using any electronic means
of communication; and
(C) was absent; and
(2) identify the electronic means of communication by which:
ES 83—LS 6343/DI 87 4
(A) members of the governing body participated in the
meeting; and
(B) the public:
(i) attended and observed the meeting; and
(ii) as applicable, provided public comment in
accordance with subsection (k);
if the meeting was not held in executive session.
(f) All votes taken during a meeting under this section must be taken
by roll call vote.
(g) At least fifty percent (50%) of the members of the governing
body must be physically present at a meeting.
(h) A member of the governing body may not attend more than fifty
percent (50%) of the governing body's meetings in a calendar year by
means of electronic communication, unless the member's electronic
participation is due to:
(1) military service;
(2) illness or other medical condition;
(3) death of a relative; or
(4) an emergency involving actual or threatened injury to persons
or property.
(i) A member of a governing body may not participate in a meeting
of the governing body by electronic communication if the governing
body is attempting to take final action to:
(1) adopt a budget;
(2) make a reduction in personnel;
(3) initiate a referendum;
(4) establish or increase a fee;
(5) establish or increase a penalty;
(6) use the governing body's eminent domain authority; or
(7) establish, raise, or renew a tax.
(j) A governing body may not prohibit a member of the governing
body from attending consecutive meetings by electronic
communication. A member may attend two (2) consecutive meetings
(a set of meetings) by electronic communication. A member shall
physically attend at least one (1) meeting between sets of meetings that
the member attends by electronic communication, unless the member's
absence is due to:
(1) military service;
(2) illness or other medical condition;
(3) death of a relative; or
(4) an emergency involving actual or threatened injury to persons
or property.
ES 83—LS 6343/DI 87 5
(k) This subsection does not apply to a meeting held in executive
session. A meeting conducted in compliance with this section by a
governing body of a school corporation must be open at all times
for the purpose of permitting members of the public to provide
public comment.
SECTION 3. IC 5-14-1.5-3.6, AS AMENDED BY P.L.137-2021,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3.6. (a) This section applies only to a governing
body of the following:
(1) A charter school (as defined in IC 20-24-1-4).
(2) A public agency of the state, including a body corporate and
politic established as an instrumentality of the state.
(3) An airport authority or a department of aviation under IC 8-22.
(4) A conservancy district under IC 14-33.
(b) A member of a governing body who is not physically present at
a meeting of the governing body may participate in a meeting of the
governing body by electronic communication only if the member uses
a means of communication that permits:
(1) the member;
(2) all other members participating in the meeting;
(3) all members of the public physically present at the place
where the meeting is conducted; and
(4) if the meeting is conducted under a policy adopted under
subsection (g)(7), all members of the public physically present at
a public location at which a member participates by means of
electronic communication;
to simultaneously communicate with each other during the meeting.
(c) The governing body must fulfill both of the following
requirements for a member of the governing body to participate in a
meeting by electronic communication:
(1) This subdivision does not apply to committees appointed by
a board of trustees of a state educational institution, by the
commission for higher education, by the board of the Indiana
economic development corporation, or by the board of directors
of the Indiana secondary market for education loans, as
established, incorporated, and designated under IC 21-16-5-1.
This subdivision does not apply to a governing body if at least
fifty-one percent (51%) of the governing body membership
consists of individuals with a disability (as described in
IC 12-12-8-3.4) or individuals with a significant disability (as
described in IC 12-12-8-3.6), or both. The minimum number of
members who must be physically present at the place where the
ES 83—LS 6343/DI 87 6
meeting is conducted must be the greater of:
(A) two (2) of the members; or
(B) one-third (1/3) of the members.
(2) All votes of the governing body during the electronic meeting
must be taken by roll call vote.
Nothing in this section affects the public's right under this chapter to
attend a meeting of the governing body at the place where the meeting
is conducted and the minimum number of members is physically
present as provided for in subdivision (1).
(d) Each member of the governing body is required to physically
attend at least one (1) meeting of the governing body annually. This
subsection does not apply to a governing body if at least fifty-one
percent (51%) of the governing body membership consists of
individuals with a disability (as described in IC 12-12-8-3.4) or
individuals with a significant disability (as described in
IC 12-12-8-3.6), or both.
(e) Unless a policy adopted by a governing body under subsection
(g) provides otherwise, a member who participates in a meeting by
electronic communication:
(1) is considered to be present at the meeting;
(2) shall be counted for purposes of establishing a quorum; and
(3) may vote at the meeting.
(f) A governing body may not conduct meetings using a means of
electronic communication until the governing body:
(1) meets all requirements of this chapter; and
(2) by a favorable vote of a majority of the members of the
governing body, adopts a policy under subsection (g) governing
participation in meetings of the governing body by electronic
communication.
(g) A policy adopted by a governing body to govern participation in
the governing body's meetings by electronic communication may do
any of the following:
(1) Require a member to request authorization to participate in a
meeting of the governing body by electronic communication
within a certain number of days before the meeting to allow for
arrangements to be made for the member's participation by
electronic communication.
(2) Subject to subsection (e), limit the number of members who
may participate in any one (1) meeting by electronic
communication.
(3) Limit the total number of meetings that the governing body
may conduct in a calendar year by electronic communication.
ES 83—LS 6343/DI 87 7
(4) Limit the number of meetings in a calendar year in which any
one (1) member of the governing body may participate by
electronic communication.
(5) Provide that a member who participates in a meeting by
electronic communication may not cast the deciding vote on any
official action. For purposes of this subdivision, a member casts
the deciding vote on an official action if, regardless of the order
in which the votes are cast:
(A) the member votes with the majority; and
(B) the official action is adopted or defeated by one (1) vote.
(6) Require a member participating in a meeting by electronic
communication to confirm in writing the votes cast by the
member during the meeting within a certain number of days after
the date of the meeting.
(7) Provide that in addition to the location where a meeting is
conducted, the public may also attend some or all meetings of the
governing body, excluding executive sessions, at a public place
or public places at which a member is physically present and
participates by electronic communication. If the governing body's
policy includes this provision, a meeting notice must provide the
following information:
(A) The identity of each member who will be physically
present at a public place and participate in the meeting by
electronic communication.
(B) The address and telephone number of each public place
where a member will be physically present and participate by
electronic communication.
(C) Unless the meeting is an executive session, a statement
that a location described in clause (B) will be open and
accessible to the public.
(8) Require at least a quorum of members to be physically present
at the location where the meeting is conducted.
(9) Provide that a member participating by electronic
communication may vote on official action only if, subject to
subsection (e), a specified number of members:
(A) are physically present at the location where the meeting is
conducted; and
(B) concur in the official action.
(10) Establish any other procedures, limitations, or conditions that
govern participation in meetings of the governing body by
electronic communication and are not in conflict with this
chapter.
ES 83—LS 6343/DI 87 8
(h) The policy adopted by the governing body must be posted on the
Internet web site of the governing body, the charter school, the airport,
the conservancy district, or the public agency.
(i) A meeting conducted in compliance with this section by a
governing body of a charter school must be open at all times for the
purpose of permitting members of the public to provide public
comment.
(i) (j) Nothing in this section affects a public agency's or charter
school's right to exclude the public from an executive session in which
a member participates by electronic communication.
SECTION 4. IC 5-14-1.5-3.7, AS ADDED BY P.L.88-2021,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3.7. (a) This section applies only if:
(1) the governor declares a disaster emergency under
IC 10-14-3-12; or
(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.
(b) Notwithstanding section 3.5 or 3.6 of this chapter and subject
to subsection (e), 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) At least a quorum of the members of the governing body
participate in the meeting by means of electronic communication
or in person.
(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) In the case of the governing body of a school corporation
or charter school, one (1) or more schools of the school
corporation or the charter school is closed at the time of the
meeting and the school closure is related to the disaster
emergency described in subsection (a). However, this
subdivision does not apply to a meeting held in executive
session.
(c) The memoranda for a meeting prepared under section 4 of this
chapter for a meeting held under this section must:
(1) state the name of each member of the governing body who:
(A) participated in the meeting by using any electronic means
of communication; and
ES 83—LS 6343/DI 87 9
(B) was absent; and
(2) identify the electronic means of communication by which:
(A) members of the governing body participated in the
meeting; and
(B) the public:
(i) attended and observed the meeting; and
(ii) as applicable, provided public comment in
accordance with subsection (e);
if the meeting was not held in executive session.
(d) All votes taken during a meeting under this section must be
taken by roll call vote.
(e) This subsection does not apply to a meeting held in executive
session. A meeting conducted in compliance with this section by a
governing body of a school corporation or charter school must be
open at all times for the purpose of permitting members of the
public to provide public comment.".
Delete pages 2 through 3.
(Reference is to SB 83 as printed January 28, 2022.)
LEISING
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Education, to which was referred
Senate Bill 83, has had the same under consideration and begs leave to
report the same back to the House with the recommendation that said
bill be amended as follows:
Delete everything after the enacting clause and insert the following:
(SEE TEXT OF BILL)
and when so amended that said bill do pass.
(Reference is to SB 83 as reprinted February 1, 2022.)
BEHNING
Committee Vote: yeas 10, nays 0.
ES 83—LS 6343/DI 87