Indiana 2022 Regular Session

Indiana Senate Bill SB0083 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0083.2
	2	+	Reprinted
	3	+	February 25, 2022
	4	+	ENGROSSED
	5	+	SENATE BILL No. 83
	6	+	_____
	7	+	DIGEST OF SB 83 (Updated February 24, 2022 12:06 pm - DI 116)
	8	+	Citations Affected: IC 5-14.
	9	+	Synopsis: School board meetings. Provides that the governing body of
	10	+	a school corporation or the equivalent for a charter school shall allow
	11	+	oral public comment regarding an agenda item before or during the
	12	+	governing body's discussion or consideration of an agenda item.
	13	+	Effective: July 1, 2022.
	14	+	Leising, Walker K, Becker
	15	+	(HOUSE SPONSORS — BEHNING, O'BRIEN, PRESCOTT)
	16	+	January 4, 2022, read first time and referred to Committee on Education and Career
	17	+	Development.
	18	+	January 27, 2022, amended, reported favorably — Do Pass.
	19	+	January 31, 2022, read second time, amended, ordered engrossed.
	20	+	February 1, 2022, engrossed. Read third time, passed. Yeas 45, nays 4.
	21	+	HOUSE ACTION
	22	+	February 7, 2022, read first time and referred to Committee on Education.
	23	+	February 22, 2022, amended, reported — Do Pass.
	24	+	February 24, 2022, read second time, amended, ordered engrossed.
	25	+	ES 83—LS 6343/DI 87 Reprinted
	26	+	February 25, 2022
1	27		Second Regular Session of the 122nd General Assembly (2022)
2	28		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	29		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	30		additions will appear in this style type, and deletions will appear in this style type.
5	31		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	32		provision adopted), the text of the new provision will appear in this style type. Also, the
7	33		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	34		a new provision to the Indiana Code or the Indiana Constitution.
9	35		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	36		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 83
12		-	AN ACT to amend the Indiana Code concerning state and local
13		-	administration.
	37	+	ENGROSSED
	38	+	SENATE BILL No. 83
	39	+	A BILL FOR AN ACT to amend the Indiana Code concerning state
	40	+	and local administration.
14	41		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 5-14-1.5-2, AS AMENDED BY P.L.197-2017,
16		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2022]: Sec. 2. For the purposes of this chapter:
18		-	(a) "Public agency", except as provided in section 2.1 of this
19		-	chapter, means the following:
20		-	(1) Any board, commission, department, agency, authority, or
21		-	other entity, by whatever name designated, exercising a portion of
22		-	the executive, administrative, or legislative power of the state.
23		-	(2) Any county, township, school corporation, city, town, political
24		-	subdivision, or other entity, by whatever name designated,
25		-	exercising in a limited geographical area the executive,
26		-	administrative, or legislative power of the state or a delegated
27		-	local governmental power.
28		-	(3) Any entity which is subject to either:
29		-	(A) budget review by either the department of local
30		-	government finance or the governing body of a county, city,
31		-	town, township, or school corporation; or
32		-	(B) audit by the state board of accounts that is required by
33		-	statute, rule, or regulation.
34		-	(4) Any building corporation of a political subdivision of the state
35		-	of Indiana that issues bonds for the purpose of constructing public
36		-	SEA 83 — CC 1 2
37		-	facilities.
38		-	(5) Any advisory commission, committee, or body created by
39		-	statute, ordinance, or executive order to advise the governing
40		-	body of a public agency, except medical staffs or the committees
41		-	of any such staff.
42		-	(6) The Indiana gaming commission established by IC 4-33,
43		-	including any department, division, or office of the commission.
44		-	(7) The Indiana horse racing commission established by IC 4-31,
45		-	including any department, division, or office of the commission.
46		-	(b) "Governing body" means two (2) or more individuals who are
47		-	any of the following:
48		-	(1) A public agency that:
49		-	(A) is a board, a commission, an authority, a council, a
50		-	committee, a body, or other entity; and
51		-	(B) takes official action on public business.
52		-	(2) The board, commission, council, or other body of a public
53		-	agency which takes official action upon public business.
54		-	(3) Any committee appointed directly by the governing body or
55		-	its presiding officer to which authority to take official action upon
56		-	public business has been delegated. An agent or agents appointed
57		-	by the governing body to conduct collective bargaining on behalf
58		-	of the governing body does not constitute a governing body for
59		-	purposes of this chapter.
60		-	(c) "Meeting" means a gathering of a majority of the governing body
61		-	of a public agency for the purpose of taking official action upon public
62		-	business. It does not include any of the following:
63		-	(1) Any social or chance gathering not intended to avoid this
64		-	chapter.
65		-	(2) Any on-site inspection of any:
66		-	(A) project;
67		-	(B) program; or
68		-	(C) facilities of applicants for incentives or assistance from the
	42	+	1 SECTION 1. IC 5-14-1.5-3.2 IS ADDED TO THE INDIANA
	43	+	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
	44	+	3 [EFFECTIVE JULY 1, 2022]: Sec. 3.2. (a) This section applies only
	45	+	4 to the governing body (or the equivalent for a charter school) of a:
	46	+	5 (1) school corporation; and
	47	+	6 (2) charter school, including a virtual charter school.
	48	+	7 (b) The governing body shall allow oral public comment
	49	+	8 regarding an agenda item before or during the governing body's
	50	+	9 discussion or consideration of the agenda item.
	51	+	ES 83—LS 6343/DI 87 2
	52	+	COMMITTEE REPORT
	53	+	Madam President: The Senate Committee on Education and Career
	54	+	Development, to which was referred Senate Bill No. 83, has had the
	55	+	same under consideration and begs leave to report the same back to the
	56	+	Senate with the recommendation that said bill be AMENDED as
	57	+	follows:
	58	+	Page 1, line 15, delete "IC 5-14-3-3.9" and insert "IC 5-14-1.5-3.9".
	59	+	Page 3, line 10, delete "IC 5-14-3-3.9" and insert "IC 5-14-1.5-3.9".
	60	+	Page 3, line 20, delete "IC 5-14-3-3.9" and insert "IC 5-14-1.5-3.9".
	61	+	and when so amended that said bill do pass.
	62	+	(Reference is to SB 83 as introduced.)
	63	+	RAATZ, Chairperson
	64	+	Committee Vote: Yeas 8, Nays 4.
	65	+	_____
	66	+	SENATE MOTION
	67	+	Madam President: I move that Senate Bill 83 be amended to read as
	68	+	follows:
	69	+	Page 1, delete lines 15 through 17, begin a new paragraph and
	70	+	insert:
	71	+	"SECTION 2. IC 5-14-1.5-3.5, AS AMENDED BY P.L.137-2021,
	72	+	SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	73	+	JULY 1, 2022]: Sec. 3.5. (a) This section applies only to a governing
	74	+	body of a public agency of a political subdivision, other than a
	75	+	governing body of an airport authority, a department of aviation, or a
	76	+	conservancy district as set forth in section 3.6 of this chapter.
	77	+	(b) Subject to subsection (i), a member of the governing body of a
	78	+	public agency who is not physically present at a meeting of the
	79	+	governing body may participate in a meeting by any electronic means
	80	+	of communication that does the following:
	81	+	(1) Allows all participating members of the governing body to
	82	+	simultaneously communicate with each other.
	83	+	(2) Allows the public to simultaneously attend and observe the
	84	+	meeting. However, this subdivision does not apply to a meeting
	85	+	held in executive session.
	86	+	Subject to subsection (i), a governing body member who participates
	87	+	in the meeting by an electronic means of communication shall be
	88	+	ES 83—LS 6343/DI 87 3
	89	+	considered present for purposes of establishing a quorum but may
	90	+	participate in any final action taken at the meeting only if the member
	91	+	can be seen and heard.
	92	+	(c) A technological failure in an electronic means of communication
	93	+	that disrupts or prevents:
	94	+	(1) the simultaneous communication between a member who is
	95	+	not physically present at the meeting and the governing body; or
	96	+	(2) a member of the public who is not present at the meeting from
	97	+	attending and observing the meeting;
	98	+	does not prevent the governing body from conducting the meeting or
	99	+	affect the validity of an action taken by the governing body at the
	100	+	meeting if the sum of the governing body members physically present
	101	+	at the meeting and the governing body members participating by
	102	+	electronic communication without technological failure satisfy the
	103	+	quorum and (if a final action is taken) the voting requirements of the
69	104		governing body.
70		-	(3) Traveling to and attending meetings of organizations devoted
71		-	to betterment of government.
72		-	(4) A caucus.
73		-	(5) A gathering to discuss an industrial or a commercial prospect
74		-	that does not include a conclusion as to recommendations, policy,
75		-	decisions, or final action on the terms of a request or an offer of
76		-	public financial resources.
77		-	(6) An orientation of members of the governing body on their role
78		-	and responsibilities as public officials, but not for any other
79		-	SEA 83 — CC 1 3
80		-	official action.
81		-	(7) A gathering for the sole purpose of administering an oath of
82		-	office to an individual.
83		-	(8) Collective bargaining discussions that the governing body of
84		-	a school corporation engages in directly with bargaining
85		-	adversaries. This subdivision applies only to a governing body
86		-	that has not appointed an agent or agents to conduct collective
87		-	bargaining on behalf of the governing body as described in
88		-	subsection (b)(3).
89		-	(d) "Official action" means to:
90		-	(1) receive information;
91		-	(2) deliberate;
92		-	(3) make recommendations;
93		-	(4) establish policy;
94		-	(5) make decisions; or
95		-	(6) take final action.
96		-	(e) "Public business" means any function upon which the public
97		-	agency is empowered or authorized to take official action.
98		-	(f) "Executive session" means a meeting from which the public is
99		-	excluded, except the governing body may admit those persons
100		-	necessary to carry out its purpose. The governing body may also admit
101		-	an individual who has been elected to the governing body but has not
102		-	been sworn in as a member of the governing body.
103		-	(g) "Final action" means a vote by the governing body on any
104		-	motion, proposal, resolution, rule, regulation, ordinance, or order.
105		-	(h) "Caucus" means a gathering of members of a political party or
106		-	coalition which is held for purposes of planning political strategy and
107		-	holding discussions designed to prepare the members for taking official
108		-	action.
109		-	(i) "Deliberate" means a discussion which may reasonably be
110		-	expected to result in official action (defined under subsection (d)(3),
111		-	(d)(4), (d)(5), or (d)(6)).
112		-	(j) "News media" means all newspapers qualified to receive legal
113		-	advertisements under IC 5-3-1, all news services (as defined in
114		-	IC 34-6-2-87), and all licensed commercial or public radio or television
115		-	stations.
116		-	(k) "Person" means an individual, a corporation, a limited liability
117		-	company, a partnership, an unincorporated association, or a
118		-	governmental entity.
119		-	(l) "State educational institution" has the meaning set forth in
120		-	IC 21-7-13-32.
121		-	(m) "Charter school" has the meaning set forth in
122		-	SEA 83 — CC 1 4
123		-	IC 20-24-1-4). The term includes a virtual charter school (as
124		-	defined in IC 20-24-1-10).
125		-	SECTION 2. IC 5-14-1.5-3, AS AMENDED BY HEA 1130-2022,
126		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
127		-	JULY 1, 2022]: Sec. 3. (a) Except as provided in section 6.1 of this
128		-	chapter, all meetings of the governing bodies of public agencies must
129		-	be open at all times for the purpose of permitting members of the
130		-	public to observe and record them.
131		-	(b) A secret ballot vote may not be taken at a meeting.
132		-	(c) A meeting conducted in compliance with section 3.5 or 3.6 of
133		-	this chapter or any other statute that authorizes a governing body to
134		-	conduct a meeting using an electronic means of communication does
135		-	not violate this section.
136		-	(d) This subsection applies only to the governing body of a school
137		-	corporation or charter school. The governing body:
138		-	(1) shall allow a member of the public who is physically present
139		-	at the meeting location, including a meeting conducted under
140		-	section 3.5 of this chapter, to provide oral public comment; and
141		-	(2) may allow a member of the public to provide oral public
142		-	comment during a meeting conducted under section 3.7 of this
143		-	chapter.
144		-	A governing body may adopt reasonable rules to govern the taking of
145		-	oral public comment at a meeting. However, the taking of oral public
146		-	comment on a topic must occur before the governing body takes
147		-	final action on the topic. The governing body may set a limit on the
148		-	total amount of time for receiving oral public comment on a topic.
149		-	(e) Nothing in this section prohibits a governing body from taking
150		-	reasonable steps to maintain order in a meeting, including removal of
151		-	any person who is willfully disruptive of the meeting.
152		-	SECTION 3. IC 5-14-1.5-3.2 IS ADDED TO THE INDIANA
153		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
154		-	[EFFECTIVE JULY 1, 2022]: Sec. 3.2. (a) This section applies only
155		-	to the governing body of a:
156		-	(1) school corporation; or
157		-	(2) charter school.
158		-	(b) The governing body shall allow oral public comment at a
159		-	meeting as set forth in section 3 of this chapter.
160		-	SECTION 4. IC 5-14-1.5-3.6, AS AMENDED BY P.L.137-2021,
	105	+	(d) The governing body shall adopt a written policy establishing the
	106	+	procedures that apply to a member's participation in a meeting by an
	107	+	electronic means of communication. The governing body may establish
	108	+	procedures that are more restrictive than the procedures established by
	109	+	this section. The policy adopted under this section may include:
	110	+	(1) limiting the number of members who may participate by
	111	+	electronic communication in any one (1) meeting;
	112	+	(2) limiting the total number of meetings that the governing body
	113	+	may conduct in a calendar year by electronic communication; and
	114	+	(3) requiring a member, except in the case of a meeting called to
	115	+	deal with an emergency under section 5(d) of this chapter, who
	116	+	plans to attend a meeting by any electronic means of
	117	+	communication to notify the presiding officer within a certain
	118	+	period of time before the meeting, as specified by the governing
	119	+	body, so that arrangements may be made for the member's
	120	+	participation by electronic communication.
	121	+	(e) The memoranda prepared under section 4 of this chapter for a
	122	+	meeting in which a member participates by an electronic means of
	123	+	communication must:
	124	+	(1) state the name of each member of the governing body who:
	125	+	(A) was physically present at the place where the meeting was
	126	+	conducted;
	127	+	(B) participated in the meeting by using any electronic means
	128	+	of communication; and
	129	+	(C) was absent; and
	130	+	(2) identify the electronic means of communication by which:
	131	+	ES 83—LS 6343/DI 87 4
	132	+	(A) members of the governing body participated in the
	133	+	meeting; and
	134	+	(B) the public:
	135	+	(i) attended and observed the meeting; and
	136	+	(ii) as applicable, provided public comment in
	137	+	accordance with subsection (k);
	138	+	if the meeting was not held in executive session.
	139	+	(f) All votes taken during a meeting under this section must be taken
	140	+	by roll call vote.
	141	+	(g) At least fifty percent (50%) of the members of the governing
	142	+	body must be physically present at a meeting.
	143	+	(h) A member of the governing body may not attend more than fifty
	144	+	percent (50%) of the governing body's meetings in a calendar year by
	145	+	means of electronic communication, unless the member's electronic
	146	+	participation is due to:
	147	+	(1) military service;
	148	+	(2) illness or other medical condition;
	149	+	(3) death of a relative; or
	150	+	(4) an emergency involving actual or threatened injury to persons
	151	+	or property.
	152	+	(i) A member of a governing body may not participate in a meeting
	153	+	of the governing body by electronic communication if the governing
	154	+	body is attempting to take final action to:
	155	+	(1) adopt a budget;
	156	+	(2) make a reduction in personnel;
	157	+	(3) initiate a referendum;
	158	+	(4) establish or increase a fee;
	159	+	(5) establish or increase a penalty;
	160	+	(6) use the governing body's eminent domain authority; or
	161	+	(7) establish, raise, or renew a tax.
	162	+	(j) A governing body may not prohibit a member of the governing
	163	+	body from attending consecutive meetings by electronic
	164	+	communication. A member may attend two (2) consecutive meetings
	165	+	(a set of meetings) by electronic communication. A member shall
	166	+	physically attend at least one (1) meeting between sets of meetings that
	167	+	the member attends by electronic communication, unless the member's
	168	+	absence is due to:
	169	+	(1) military service;
	170	+	(2) illness or other medical condition;
	171	+	(3) death of a relative; or
	172	+	(4) an emergency involving actual or threatened injury to persons
	173	+	or property.
	174	+	ES 83—LS 6343/DI 87 5
	175	+	(k) This subsection does not apply to a meeting held in executive
	176	+	session. A meeting conducted in compliance with this section by a
	177	+	governing body of a school corporation must be open at all times
	178	+	for the purpose of permitting members of the public to provide
	179	+	public comment.
	180	+	SECTION 3. IC 5-14-1.5-3.6, AS AMENDED BY P.L.137-2021,
161	181		SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
162	182		JULY 1, 2022]: Sec. 3.6. (a) This section applies only to a governing
163	183		body of the following:
164		-	(1) A charter school. (as defined in IC 20-24-1-4).
165		-	SEA 83 — CC 1 5
	184	+	(1) A charter school (as defined in IC 20-24-1-4).
166	185		(2) A public agency of the state, including a body corporate and
167	186		politic established as an instrumentality of the state.
168	187		(3) An airport authority or a department of aviation under IC 8-22.
169	188		(4) A conservancy district under IC 14-33.
170	189		(b) A member of a governing body who is not physically present at
171	190		a meeting of the governing body may participate in a meeting of the
172	191		governing body by electronic communication only if the member uses
173	192		a means of communication that permits:
174	193		(1) the member;
175	194		(2) all other members participating in the meeting;
176	195		(3) all members of the public physically present at the place
177	196		where the meeting is conducted; and
178	197		(4) if the meeting is conducted under a policy adopted under
179	198		subsection (g)(7), all members of the public physically present at
180	199		a public location at which a member participates by means of
181	200		electronic communication;
182	201		to simultaneously communicate with each other during the meeting.
183	202		(c) The governing body must fulfill both of the following
184	203		requirements for a member of the governing body to participate in a
185	204		meeting by electronic communication:
186	205		(1) This subdivision does not apply to committees appointed by
187	206		a board of trustees of a state educational institution, by the
188	207		commission for higher education, by the board of the Indiana
189	208		economic development corporation, or by the board of directors
190	209		of the Indiana secondary market for education loans, as
191	210		established, incorporated, and designated under IC 21-16-5-1.
192	211		This subdivision does not apply to a governing body if at least
193	212		fifty-one percent (51%) of the governing body membership
194	213		consists of individuals with a disability (as described in
195	214		IC 12-12-8-3.4) or individuals with a significant disability (as
196	215		described in IC 12-12-8-3.6), or both. The minimum number of
197	216		members who must be physically present at the place where the
	217	+	ES 83—LS 6343/DI 87 6
198	218		meeting is conducted must be the greater of:
199	219		(A) two (2) of the members; or
200	220		(B) one-third (1/3) of the members.
201	221		(2) All votes of the governing body during the electronic meeting
202	222		must be taken by roll call vote.
203	223		Nothing in this section affects the public's right under this chapter to
204	224		attend a meeting of the governing body at the place where the meeting
205	225		is conducted and the minimum number of members is physically
206	226		present as provided for in subdivision (1).
207	227		(d) Each member of the governing body is required to physically
208		-	SEA 83 — CC 1 6
209	228		attend at least one (1) meeting of the governing body annually. This
210	229		subsection does not apply to a governing body if at least fifty-one
211	230		percent (51%) of the governing body membership consists of
212	231		individuals with a disability (as described in IC 12-12-8-3.4) or
213	232		individuals with a significant disability (as described in
214	233		IC 12-12-8-3.6), or both.
215	234		(e) Unless a policy adopted by a governing body under subsection
216	235		(g) provides otherwise, a member who participates in a meeting by
217	236		electronic communication:
218	237		(1) is considered to be present at the meeting;
219	238		(2) shall be counted for purposes of establishing a quorum; and
220	239		(3) may vote at the meeting.
221	240		(f) A governing body may not conduct meetings using a means of
222	241		electronic communication until the governing body:
223	242		(1) meets all requirements of this chapter; and
224	243		(2) by a favorable vote of a majority of the members of the
225	244		governing body, adopts a policy under subsection (g) governing
226	245		participation in meetings of the governing body by electronic
227	246		communication.
228	247		(g) A policy adopted by a governing body to govern participation in
229	248		the governing body's meetings by electronic communication may do
230	249		any of the following:
231	250		(1) Require a member to request authorization to participate in a
232	251		meeting of the governing body by electronic communication
233	252		within a certain number of days before the meeting to allow for
234	253		arrangements to be made for the member's participation by
235	254		electronic communication.
236	255		(2) Subject to subsection (e), limit the number of members who
237	256		may participate in any one (1) meeting by electronic
238	257		communication.
239	258		(3) Limit the total number of meetings that the governing body
240	259		may conduct in a calendar year by electronic communication.
	260	+	ES 83—LS 6343/DI 87 7
241	261		(4) Limit the number of meetings in a calendar year in which any
242	262		one (1) member of the governing body may participate by
243	263		electronic communication.
244	264		(5) Provide that a member who participates in a meeting by
245	265		electronic communication may not cast the deciding vote on any
246	266		official action. For purposes of this subdivision, a member casts
247	267		the deciding vote on an official action if, regardless of the order
248	268		in which the votes are cast:
249	269		(A) the member votes with the majority; and
250	270		(B) the official action is adopted or defeated by one (1) vote.
251		-	SEA 83 — CC 1 7
252	271		(6) Require a member participating in a meeting by electronic
253	272		communication to confirm in writing the votes cast by the
254	273		member during the meeting within a certain number of days after
255	274		the date of the meeting.
256	275		(7) Provide that in addition to the location where a meeting is
257	276		conducted, the public may also attend some or all meetings of the
258	277		governing body, excluding executive sessions, at a public place
259	278		or public places at which a member is physically present and
260	279		participates by electronic communication. If the governing body's
261	280		policy includes this provision, a meeting notice must provide the
262	281		following information:
263	282		(A) The identity of each member who will be physically
264	283		present at a public place and participate in the meeting by
265	284		electronic communication.
266	285		(B) The address and telephone number of each public place
267	286		where a member will be physically present and participate by
268	287		electronic communication.
269	288		(C) Unless the meeting is an executive session, a statement
270	289		that a location described in clause (B) will be open and
271	290		accessible to the public.
272	291		(8) Require at least a quorum of members to be physically present
273	292		at the location where the meeting is conducted.
274	293		(9) Provide that a member participating by electronic
275	294		communication may vote on official action only if, subject to
276	295		subsection (e), a specified number of members:
277	296		(A) are physically present at the location where the meeting is
278	297		conducted; and
279	298		(B) concur in the official action.
280	299		(10) Establish any other procedures, limitations, or conditions that
281	300		govern participation in meetings of the governing body by
282	301		electronic communication and are not in conflict with this
283	302		chapter.
	303	+	ES 83—LS 6343/DI 87 8
284	304		(h) The policy adopted by the governing body must be posted on the
285	305		Internet web site of the governing body, the charter school, the airport,
286	306		the conservancy district, or the public agency.
287		-	(i) Nothing in this section affects a public agency's or charter
	307	+	(i) A meeting conducted in compliance with this section by a
	308	+	governing body of a charter school must be open at all times for the
	309	+	purpose of permitting members of the public to provide public
	310	+	comment.
	311	+	(i) (j) Nothing in this section affects a public agency's or charter
288	312		school's right to exclude the public from an executive session in which
289	313		a member participates by electronic communication.
290		-	SECTION 5. IC 5-14-1.5-3.7, AS AMENDED BY HEA 1130-2022,
291		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
292		-	JULY 1, 2022]: Sec. 3.7. (a) As used in this section, "disaster
293		-	emergency" means:
294		-	SEA 83 — CC 1 8
295		-	(1) a disaster emergency declared by the governor under
	314	+	SECTION 4. IC 5-14-1.5-3.7, AS ADDED BY P.L.88-2021,
	315	+	SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	316	+	JULY 1, 2022]: Sec. 3.7. (a) This section applies only if:
	317	+	(1) the governor declares a disaster emergency under
296	318		IC 10-14-3-12; or
297		-	(2) ~~a local disaster emergency declared by~~ the executive (as
298		-	~~defined in IC 36-1-2-5) of~~ a ~~political subdivision~~ under
	319	+	(2) the executive (as defined in IC 36-1-2-5) of a political
	320	+	subdivision declares a local disaster emergency under
299	321		IC 10-14-3-29.
300		-	(b) Notwithstanding section 3.5 or 3.6 of this chapter, the members
301		-	of a governing body are not required to be physically present at a
302		-	meeting if (1) a disaster emergency is in effect for all or part of the area
303		-	within the governing body's jurisdiction, and the members of a
304		-	governing body are not required to be physically present at a
305		-	meeting:
306		-	(2) (1) if meeting in person would present an imminent risk to
307		-	the health or safety of the members of the public and the
308		-	governing body who attend the meeting because of the
309		-	particular danger, threat, or emergency conditions that are the
310		-	basis for the declaration of the disaster emergency; meeting in
311		-	person (A) would be impractical; or (B) would present an
312		-	imminent risk to the health or safety of the members of the public
313		-	and the governing body who attend the meeting. and
314		-	(2) if the members are of the governing body of a school
315		-	corporation or charter school, one (1) or more schools within
316		-	the jurisdiction of the governing body of the school
317		-	corporation or the charter school are closed at the time of the
318		-	meeting because of the particular danger, threat, or
319		-	emergency conditions that are the basis for the declaration of
320		-	the disaster emergency.
321		-	(c) The members of a governing body may meet by any means of
322		-	electronic communication, if the following are satisfied:
	322	+	(b) Notwithstanding section 3.5 or 3.6 of this chapter and subject
	323	+	to subsection (e), the members of a governing body are not required to
	324	+	be physically present at a meeting until the disaster emergency or local
	325	+	disaster emergency is terminated. The members of a governing body
	326	+	may meet by any means of electronic communication, if the following
	327	+	are satisfied:
323	328		(1) At least a quorum of the members of the governing body
324	329		participate in the meeting by means of electronic communication
325	330		or in person.
326	331		(2) The public is able to simultaneously attend and observe the
327	332		meeting. However, this subdivision does not apply to a meeting
328	333		held in executive session.
329		-	(d) The memoranda for a meeting prepared under section 4 of this
	334	+	(3) In the case of the governing body of a school corporation
	335	+	or charter school, one (1) or more schools of the school
	336	+	corporation or the charter school is closed at the time of the
	337	+	meeting and the school closure is related to the disaster
	338	+	emergency described in subsection (a). However, this
	339	+	subdivision does not apply to a meeting held in executive
	340	+	session.
	341	+	(c) The memoranda for a meeting prepared under section 4 of this
330	342		chapter for a meeting held under this section must:
331	343		(1) state the name of each member of the governing body who:
332	344		(A) participated in the meeting by using any electronic means
333	345		of communication; and
	346	+	ES 83—LS 6343/DI 87 9
334	347		(B) was absent; and
335	348		(2) identify the electronic means of communication by which:
336	349		(A) members of the governing body participated in the
337		-	SEA 83 — CC 1 9
338	350		meeting; and
339		-	(B) the public attended and observed the meeting, if the
340		-	meeting was not held in executive session.
341		-	(e) All votes taken during a meeting under this section must be
	351	+	(B) the public:
	352	+	(i) attended and observed the meeting; and
	353	+	(ii) as applicable, provided public comment in
	354	+	accordance with subsection (e);
	355	+	if the meeting was not held in executive session.
	356	+	(d) All votes taken during a meeting under this section must be
342	357		taken by roll call vote.
343		-	SEA 83 — CC 1 President of the Senate
344		-	President Pro Tempore
345		-	Speaker of the House of Representatives
346		-	Governor of the State of Indiana
347		-	Date: Time:
348		-	SEA 83 — CC 1
	358	+	(e) This subsection does not apply to a meeting held in executive
	359	+	session. A meeting conducted in compliance with this section by a
	360	+	governing body of a school corporation or charter school must be
	361	+	open at all times for the purpose of permitting members of the
	362	+	public to provide public comment.".
	363	+	Delete pages 2 through 3.
	364	+	(Reference is to SB 83 as printed January 28, 2022.)
	365	+	LEISING
	366	+	_____
	367	+	COMMITTEE REPORT
	368	+	Mr. Speaker: Your Committee on Education, to which was referred
	369	+	Senate Bill 83, has had the same under consideration and begs leave to
	370	+	report the same back to the House with the recommendation that said
	371	+	bill be amended as follows:
	372	+	Delete everything after the enacting clause and insert the following:
	373	+	(SEE TEXT OF BILL)
	374	+	and when so amended that said bill do pass.
	375	+	(Reference is to SB 83 as reprinted February 1, 2022.)
	376	+	BEHNING
	377	+	Committee Vote: yeas 10, nays 0.
	378	+	ES 83—LS 6343/DI 87 10
	379	+	HOUSE MOTION
	380	+	Mr. Speaker: I move that Engrossed Senate Bill 83 be amended to
	381	+	read as follows:
	382	+	Page 1, delete lines 1 through 4, begin a new paragraph and insert:
	383	+	"SECTION 1. IC 5-14-1.5-3.2 IS ADDED TO THE INDIANA
	384	+	CODE AS A NEW SECTION TO READ AS FOLLOWS
	385	+	[EFFECTIVE JULY 1, 2022]: Sec. 3.2. (a) This section applies only
	386	+	to the governing body (or the equivalent for a charter school) of a:
	387	+	(1) school corporation; and
	388	+	(2) charter school, including a virtual charter school.".
	389	+	(Reference is to ESB 83 as printed February 22, 2022.)
	390	+	DELANEY
	391	+	ES 83—LS 6343/DI 87