Indiana 2023 Regular Session

Indiana House Bill HB1438 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1438.2
	2	+	Reprinted
	3	+	March 24, 2023
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1438
	6	+	_____
	7	+	DIGEST OF HB 1438 (Updated March 23, 2023 2:05 pm - DI 87)
	8	+	Citations Affected: IC 5-3.
	9	+	Synopsis: Publication of local government notices. Provides that a
	10	+	towing service is subject to the same public notice advertising rates as
	11	+	a government agency if the service: (1) acts as an agent of a
	12	+	government agency; and (2) provides the notice required to dispose of
	13	+	abandoned vehicles or parts. Provides for the creation of a public notice
	14	+	task force (task force) to study notice publication statutes for the
	15	+	purpose of streamlining the process and maximizing value to Indiana
	16	+	citizens. Provides the following: (1) The task force must publish a
	17	+	report with its determinations and recommendations for legislation not
	18	+	later than December 1, 2023. (2) The task force expires December 31,
	19	+	2023.
	20	+	Effective: Upon passage; July 1, 2023.
	21	+	Miller D, Wesco
	22	+	(SENATE SPONSORS — DORIOT, GARTEN, BUCK, YODER, FORD J.D.)
	23	+	January 17, 2023, read first time and referred to Committee on Government and Regulatory
	24	+	Reform.
	25	+	February 21, 2023, amended, reported — Do Pass.
	26	+	February 23, 2023, read second time, ordered engrossed.
	27	+	February 24, 2023, engrossed.
	28	+	February 27, 2023, read third time, passed. Yeas 94, nays 0.
	29	+	SENATE ACTION
	30	+	March 6, 2023, read first time and referred to Committee on Local Government.
	31	+	March 20, 2023, reported favorably — Do Pass.
	32	+	March 23, 2023, read second time, amended, ordered engrossed.
	33	+	EH 1438—LS 7111/DI 87 Reprinted
	34	+	March 24, 2023
1	35		First Regular Session of the 123rd General Assembly (2023)
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 2022 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1438
12		-	AN ACT to amend the Indiana Code concerning state and local
13		-	administration.
	45	+	ENGROSSED
	46	+	HOUSE BILL No. 1438
	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 5-3-1-1, AS AMENDED BY P.L.147-2016,
16		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2023]: Sec. 1. (a) The cost of all public notice advertising
18		-	which any elected or appointed public official or governmental agency
19		-	is required by law to have published, or orders published, for which the
20		-	compensation to the newspapers, locality newspapers, or qualified
21		-	publications publishing such advertising is drawn from and is the
22		-	ultimate obligation of the public treasury of the governmental unit
23		-	concerned with the advertising shall be charged to and collected from
24		-	the proper fund of the public treasury and paid over to the newspapers,
25		-	locality newspapers, or qualified publications publishing such
26		-	advertising, after proof of publication and claim for payment has been
27		-	filed.
28		-	(b) The basic charges for publishing public notice advertising shall
29		-	be by the line and shall be computed based on a square of two hundred
30		-	and fifty (250) ems at the following rates:
31		-	(1) Before January 1, 1996, three dollars and thirty cents ($3.30)
32		-	per square for the first insertion in newspapers or qualified
33		-	publications plus one dollar and sixty-five cents ($1.65) per
34		-	square for each additional insertion in newspapers, or qualified
35		-	publications.
36		-	HEA 1438 — Concur 2
37		-	(2) After December 31, 1995, and before December 31, 2005, a
38		-	newspaper or qualified publication may, effective January 1 of
39		-	any year, increase the basic charges by five percent (5%) more
40		-	than the basic charges that were in effect during the previous year.
41		-	However, the basic charges for the first insertion of a public
42		-	notice in a newspaper, or qualified publication may not exceed the
43		-	lowest classified advertising rate charged to advertisers by the
44		-	newspaper, or qualified publication for comparable use of the
45		-	same amount of space for other purposes.
46		-	(3) After December 31, 2009, and before January 1, 2017, a
47		-	newspaper or qualified publication may, effective January 1 of
48		-	any year, increase the basic charges by not more than two and
49		-	three-quarters percent (2.75%) more than the basic charges that
50		-	were in effect during the previous year. However, the basic
51		-	charges for the first insertion of a public notice in a newspaper or
52		-	qualified publication may not exceed the lowest classified
53		-	advertising rate charged to advertisers by the newspaper or
54		-	qualified publication for comparable use of the same amount of
55		-	space for other purposes and must include all multiple insertion
56		-	discounts extended to the newspaper's other advertisers.
57		-	(4) After December 31, 2016, a newspaper, locality newspaper,
58		-	or qualified publication may, effective January 1 of any year,
59		-	increase the basic charges by not more than two and
60		-	three-quarters percent (2.75%) more than the basic charges that
61		-	were in effect during the previous year. However, the basic
62		-	charges for the first insertion of a public notice in a newspaper,
63		-	locality newspaper, or qualified publication may not exceed the
64		-	lowest classified advertising rate charged to advertisers by the
65		-	newspaper, locality newspaper, or qualified publication for
66		-	comparable use of the same amount of space for other purposes
67		-	and must include all multiple insertion discounts extended to the
68		-	newspaper's, locality newspaper's, or qualified publication's other
69		-	advertisers.
70		-	An additional charge of fifty percent (50%) shall be allowed for the
71		-	publication of all public notice advertising containing rule or tabular
72		-	work.
73		-	(c) All public notice advertisements shall be set in solid type that is
74		-	at least 7 point type, without any leads or other devices for increasing
75		-	space. All public notice advertisements shall be headed by not more
76		-	than two (2) lines, neither of which shall total more than four (4) solid
77		-	lines of the type in which the body of the advertisement is set. Public
78		-	notice advertisements may be submitted by an appointed or elected
79		-	HEA 1438 — Concur 3
80		-	official or a governmental agency to a newspaper, locality newspaper,
81		-	or qualified publication in electronic form, if the newspaper, locality
82		-	newspaper, or qualified publication is equipped to accept information
83		-	in compatible electronic form.
84		-	(d) Each newspaper, locality newspaper, or qualified publication
85		-	publishing public notice advertising shall submit proof of publication
86		-	and claim for payment in duplicate on each public notice advertisement
87		-	published. For each additional proof of publication required by a public
88		-	official, a charge of one dollar ($1) per copy shall be allowed each
89		-	newspaper, locality newspaper, or qualified publication furnishing
90		-	proof of publication.
91		-	(e) The circulation of a newspaper, locality newspaper, or qualified
92		-	publication is determined as follows:
93		-	(1) For a newspaper, by the circulation stated on line 10.C. (Total
94		-	Paid and/or Requested Circulation of Single Issue Published
95		-	Nearest to Filing Date) of the Statement of Ownership,
96		-	Management and Circulation required by 39 U.S.C. 3685 that was
97		-	filed during the previous year.
98		-	(2) For a locality newspaper, by a verified affidavit filed with each
99		-	agency, department, or office of the political subdivision that has
100		-	public notices the locality newspaper wants to publish. The
101		-	affidavit must:
102		-	(A) be filed with the agency, department, or office of the
103		-	political subdivision before January 1 of each year; and
104		-	(B) attest to the circulation of the locality newspaper for the
105		-	issue published nearest to October 1 of the previous year, as
106		-	determined by an independent audit of the locality newspaper
107		-	performed for the previous year.
108		-	(3) For a qualified publication, by a verified affidavit filed with
109		-	each governmental agency that has public notices the qualified
110		-	publication wants to publish. The affidavit must:
111		-	(A) be filed with the governmental agency before January 1 of
112		-	each year; and
113		-	(B) attest to the circulation of the qualified publication for the
114		-	issue published nearest to October 1 of the previous year.
115		-	(f) This subsection applies to a towing service acting as an agent
116		-	of a governmental agency to facilitate the removal of abandoned
117		-	vehicles or parts. A towing service shall be charged the basic rates
118		-	charged for all public notice advertising in subsection (b)(4) for
119		-	providing the notice required under IC 9-22-1-23.
120		-	SECTION 2. IC 5-3-6 IS ADDED TO THE INDIANA CODE AS
121		-	A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
122		-	HEA 1438 — Concur 4
123		-	PASSAGE]:
124		-	Chapter 6. Local Government Public Notice Task Force
125		-	Sec. 1. As used in this chapter, "political subdivision" means a
126		-	county, township, city, town, school corporation, library district,
127		-	fire protection district, public transportation corporation, local
128		-	hospital authority or corporation, local airport authority district,
129		-	special service district, special taxing district, or other separate
130		-	local governmental entity that may sue and be sued.
131		-	Sec. 2. As used in this chapter, "task force" refers to the local
132		-	government public notice task force established by section 3 of this
133		-	chapter.
134		-	Sec. 3. The local government public notice task force is
135		-	established.
136		-	Sec. 4. (a) The task force consists of the following eighteen (18)
137		-	members:
138		-	(1) Two (2) members of the house of representatives,
139		-	appointed as follows:
140		-	(A) One (1) member appointed by the speaker, who shall
141		-	serve as co-chair of the task force.
142		-	(B) One (1) member appointed by the minority leader.
143		-	(2) Two (2) members of the senate, appointed as follows:
144		-	(A) One (1) member appointed by the president pro
145		-	tempore, who shall serve as co-chair of the task force.
146		-	(B) One (1) member appointed by the minority leader.
147		-	(3) The chief information officer of the office of technology
148		-	appointed under IC 4-13.1-2-3 or the chief information
149		-	officer's designee.
150		-	(4) The following thirteen (13) members appointed by the
151		-	lieutenant governor:
152		-	(A) An individual representing Indiana newspapers.
153		-	(B) An individual representing Indiana cities and towns.
154		-	(C) An individual representing county councils.
155		-	(D) An individual representing county commissioners.
156		-	(E) An individual representing county auditors.
157		-	(F) An individual representing rural communities.
158		-	(G) An individual representing school corporations.
159		-	(H) An individual representing the Indiana State Bar
160		-	Association.
161		-	(I) An individual representing Indiana sheriffs.
162		-	(J) An individual representing the aged population (as
163		-	described in IC 12-7-2-8).
164		-	(K) An individual representing Indiana veterans.
165		-	HEA 1438 — Concur 5
166		-	(L) An individual representing Indiana financial
167		-	institutions.
168		-	(M) An individual representing townships.
169		-	(b) A vacancy on the task force must be filled by the
170		-	appointment of a replacement member by the appointing authority
171		-	identified in subsection (a).
172		-	(c) Initial appointments to the task force shall be made by the
173		-	appropriate appointing authority not later than July 1, 2023.
174		-	Sec. 5. Each legislative member and each lay member of the
175		-	commission is entitled to receive the same per diem, mileage, and
176		-	travel allowances paid to individuals serving as legislative and lay
177		-	members, respectively, on an interim study committee established
178		-	by the legislative council.
179		-	Sec. 6. (a) Ten (10) members of the task force constitute a
180		-	quorum.
181		-	(b) The affirmative vote of at least a majority of the members at
182		-	a meeting at which a quorum is present is necessary for the task
183		-	force to take official action other than to meet and take testimony.
184		-	(c) The task force shall meet at the call of the co-chairs.
185		-	Sec. 7. All meetings of the task force shall be open to the public
186		-	in accordance with and subject to IC 5-14-1.5. All records of the
187		-	task force are subject to the requirements of IC 5-14-3.
188		-	Sec. 8. (a) The task force shall study existing statutory notice
189		-	publication requirements for political subdivisions with a focus on
190		-	amending these requirements to maximize value for Indiana
191		-	citizens. The task force shall study the following topics:
192		-	(1) Streamlining notice publication processes and identifying
193		-	efficiencies without endangering due process.
194		-	(2) The viability of use of print and digital media for
195		-	providing notice.
196		-	(3) Increasing awareness of and accessibility to public notice
197		-	for all citizens.
198		-	(4) The viability of using digital platforms to host public
199		-	notices.
200		-	(5) Evaluating cost savings to political subdivisions by having
201		-	political subdivisions:
202		-	(A) publish notices on their web page; and
203		-	(B) maintain notice publication data as required by statute.
204		-	(6) Reviewing publication of notice statutes and making any
205		-	recommendations to modernize the publication of notice
206		-	requirements.
207		-	(b) The task force may, at the discretion of the co-chairs,
208		-	HEA 1438 — Concur 6
209		-	examine any issue to:
210		-	(1) study the issues set forth in subsection (a); or
211		-	(2) develop the recommendations and issue the report
212		-	required by section 9 of this chapter.
213		-	Sec. 9. The task force shall:
214		-	(1) issue a report setting forth:
215		-	(A) the task force's determinations under section 8 of this
216		-	chapter; and
217		-	(B) any recommendations for legislation for introduction
218		-	in the 2024 regular session based upon its determinations;
219		-	and
220		-	(2) not later than December 1, 2023, submit the report:
221		-	(A) in an electronic format under IC 5-14-6 to the
222		-	executive director of the legislative services agency for
223		-	distribution to the members of the general assembly; and
224		-	(B) to the governor.
225		-	Sec. 10. The legislative services agency shall provide staff
226		-	support to the task force.
227		-	Sec. 11. This chapter expires December 31, 2023.
228		-	SECTION 3. An emergency is declared for this act.
229		-	HEA 1438 — Concur Speaker of the House of Representatives
230		-	President of the Senate
231		-	President Pro Tempore
232		-	Governor of the State of Indiana
233		-	Date: Time:
234		-	HEA 1438 — Concur
	50	+	1 SECTION 1. IC 5-3-1-1, AS AMENDED BY P.L.147-2016,
	51	+	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	52	+	3 JULY 1, 2023]: Sec. 1. (a) The cost of all public notice advertising
	53	+	4 which any elected or appointed public official or governmental agency
	54	+	5 is required by law to have published, or orders published, for which the
	55	+	6 compensation to the newspapers, locality newspapers, or qualified
	56	+	7 publications publishing such advertising is drawn from and is the
	57	+	8 ultimate obligation of the public treasury of the governmental unit
	58	+	9 concerned with the advertising shall be charged to and collected from
	59	+	10 the proper fund of the public treasury and paid over to the newspapers,
	60	+	11 locality newspapers, or qualified publications publishing such
	61	+	12 advertising, after proof of publication and claim for payment has been
	62	+	13 filed.
	63	+	14 (b) The basic charges for publishing public notice advertising shall
	64	+	15 be by the line and shall be computed based on a square of two hundred
	65	+	16 and fifty (250) ems at the following rates:
	66	+	17 (1) Before January 1, 1996, three dollars and thirty cents ($3.30)
	67	+	EH 1438—LS 7111/DI 87 2
	68	+	1 per square for the first insertion in newspapers or qualified
	69	+	2 publications plus one dollar and sixty-five cents ($1.65) per
	70	+	3 square for each additional insertion in newspapers, or qualified
	71	+	4 publications.
	72	+	5 (2) After December 31, 1995, and before December 31, 2005, a
	73	+	6 newspaper or qualified publication may, effective January 1 of
	74	+	7 any year, increase the basic charges by five percent (5%) more
	75	+	8 than the basic charges that were in effect during the previous year.
	76	+	9 However, the basic charges for the first insertion of a public
	77	+	10 notice in a newspaper, or qualified publication may not exceed the
	78	+	11 lowest classified advertising rate charged to advertisers by the
	79	+	12 newspaper, or qualified publication for comparable use of the
	80	+	13 same amount of space for other purposes.
	81	+	14 (3) After December 31, 2009, and before January 1, 2017, a
	82	+	15 newspaper or qualified publication may, effective January 1 of
	83	+	16 any year, increase the basic charges by not more than two and
	84	+	17 three-quarters percent (2.75%) more than the basic charges that
	85	+	18 were in effect during the previous year. However, the basic
	86	+	19 charges for the first insertion of a public notice in a newspaper or
	87	+	20 qualified publication may not exceed the lowest classified
	88	+	21 advertising rate charged to advertisers by the newspaper or
	89	+	22 qualified publication for comparable use of the same amount of
	90	+	23 space for other purposes and must include all multiple insertion
	91	+	24 discounts extended to the newspaper's other advertisers.
	92	+	25 (4) After December 31, 2016, a newspaper, locality newspaper,
	93	+	26 or qualified publication may, effective January 1 of any year,
	94	+	27 increase the basic charges by not more than two and
	95	+	28 three-quarters percent (2.75%) more than the basic charges that
	96	+	29 were in effect during the previous year. However, the basic
	97	+	30 charges for the first insertion of a public notice in a newspaper,
	98	+	31 locality newspaper, or qualified publication may not exceed the
	99	+	32 lowest classified advertising rate charged to advertisers by the
	100	+	33 newspaper, locality newspaper, or qualified publication for
	101	+	34 comparable use of the same amount of space for other purposes
	102	+	35 and must include all multiple insertion discounts extended to the
	103	+	36 newspaper's, locality newspaper's, or qualified publication's other
	104	+	37 advertisers.
	105	+	38 An additional charge of fifty percent (50%) shall be allowed for the
	106	+	39 publication of all public notice advertising containing rule or tabular
	107	+	40 work.
	108	+	41 (c) All public notice advertisements shall be set in solid type that is
	109	+	42 at least 7 point type, without any leads or other devices for increasing
	110	+	EH 1438—LS 7111/DI 87 3
	111	+	1 space. All public notice advertisements shall be headed by not more
	112	+	2 than two (2) lines, neither of which shall total more than four (4) solid
	113	+	3 lines of the type in which the body of the advertisement is set. Public
	114	+	4 notice advertisements may be submitted by an appointed or elected
	115	+	5 official or a governmental agency to a newspaper, locality newspaper,
	116	+	6 or qualified publication in electronic form, if the newspaper, locality
	117	+	7 newspaper, or qualified publication is equipped to accept information
	118	+	8 in compatible electronic form.
	119	+	9 (d) Each newspaper, locality newspaper, or qualified publication
	120	+	10 publishing public notice advertising shall submit proof of publication
	121	+	11 and claim for payment in duplicate on each public notice advertisement
	122	+	12 published. For each additional proof of publication required by a public
	123	+	13 official, a charge of one dollar ($1) per copy shall be allowed each
	124	+	14 newspaper, locality newspaper, or qualified publication furnishing
	125	+	15 proof of publication.
	126	+	16 (e) The circulation of a newspaper, locality newspaper, or qualified
	127	+	17 publication is determined as follows:
	128	+	18 (1) For a newspaper, by the circulation stated on line 10.C. (Total
	129	+	19 Paid and/or Requested Circulation of Single Issue Published
	130	+	20 Nearest to Filing Date) of the Statement of Ownership,
	131	+	21 Management and Circulation required by 39 U.S.C. 3685 that was
	132	+	22 filed during the previous year.
	133	+	23 (2) For a locality newspaper, by a verified affidavit filed with each
	134	+	24 agency, department, or office of the political subdivision that has
	135	+	25 public notices the locality newspaper wants to publish. The
	136	+	26 affidavit must:
	137	+	27 (A) be filed with the agency, department, or office of the
	138	+	28 political subdivision before January 1 of each year; and
	139	+	29 (B) attest to the circulation of the locality newspaper for the
	140	+	30 issue published nearest to October 1 of the previous year, as
	141	+	31 determined by an independent audit of the locality newspaper
	142	+	32 performed for the previous year.
	143	+	33 (3) For a qualified publication, by a verified affidavit filed with
	144	+	34 each governmental agency that has public notices the qualified
	145	+	35 publication wants to publish. The affidavit must:
	146	+	36 (A) be filed with the governmental agency before January 1 of
	147	+	37 each year; and
	148	+	38 (B) attest to the circulation of the qualified publication for the
	149	+	39 issue published nearest to October 1 of the previous year.
	150	+	40 (f) This subsection applies to a towing service acting as an agent
	151	+	41 of a governmental agency to facilitate the removal of abandoned
	152	+	42 vehicles or parts. A towing service shall be charged the basic rates
	153	+	EH 1438—LS 7111/DI 87 4
	154	+	1 charged for all public notice advertising in subsection (b)(4) for
	155	+	2 providing the notice required under IC 9-22-1-23.
	156	+	3 SECTION 2. IC 5-3-6 IS ADDED TO THE INDIANA CODE AS
	157	+	4 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
	158	+	5 PASSAGE]:
	159	+	6 Chapter 6. Local Government Public Notice Task Force
	160	+	7 Sec. 1. As used in this chapter, "political subdivision" means a
	161	+	8 county, township, city, town, school corporation, library district,
	162	+	9 fire protection district, public transportation corporation, local
	163	+	10 hospital authority or corporation, local airport authority district,
	164	+	11 special service district, special taxing district, or other separate
	165	+	12 local governmental entity that may sue and be sued.
	166	+	13 Sec. 2. As used in this chapter, "task force" refers to the local
	167	+	14 government public notice task force established by section 3 of this
	168	+	15 chapter.
	169	+	16 Sec. 3. The local government public notice task force is
	170	+	17 established.
	171	+	18 Sec. 4. (a) The task force consists of the following eighteen (18)
	172	+	19 members:
	173	+	20 (1) Two (2) members of the house of representatives,
	174	+	21 appointed as follows:
	175	+	22 (A) One (1) member appointed by the speaker, who shall
	176	+	23 serve as co-chair of the task force.
	177	+	24 (B) One (1) member appointed by the minority leader.
	178	+	25 (2) Two (2) members of the senate, appointed as follows:
	179	+	26 (A) One (1) member appointed by the president pro
	180	+	27 tempore, who shall serve as co-chair of the task force.
	181	+	28 (B) One (1) member appointed by the minority leader.
	182	+	29 (3) The chief information officer of the office of technology
	183	+	30 appointed under IC 4-13.1-2-3 or the chief information
	184	+	31 officer's designee.
	185	+	32 (4) The following thirteen (13) members appointed by the
	186	+	33 lieutenant governor:
	187	+	34 (A) An individual representing Indiana newspapers.
	188	+	35 (B) An individual representing Indiana cities and towns.
	189	+	36 (C) An individual representing county councils.
	190	+	37 (D) An individual representing county commissioners.
	191	+	38 (E) An individual representing county auditors.
	192	+	39 (F) An individual representing rural communities.
	193	+	40 (G) An individual representing school corporations.
	194	+	41 (H) An individual representing the Indiana State Bar
	195	+	42 Association.
	196	+	EH 1438—LS 7111/DI 87 5
	197	+	1 (I) An individual representing Indiana sheriffs.
	198	+	2 (J) An individual representing the aged population (as
	199	+	3 described in IC 12-7-2-8).
	200	+	4 (K) An individual representing Indiana veterans.
	201	+	5 (L) An individual representing Indiana financial
	202	+	6 institutions.
	203	+	7 (M) An individual representing townships.
	204	+	8 (b) A vacancy on the task force must be filled by the
	205	+	9 appointment of a replacement member by the appointing authority
	206	+	10 identified in subsection (a).
	207	+	11 (c) Initial appointments to the task force shall be made by the
	208	+	12 appropriate appointing authority not later than July 1, 2023.
	209	+	13 Sec. 5. Each legislative member and each lay member of the
	210	+	14 commission is entitled to receive the same per diem, mileage, and
	211	+	15 travel allowances paid to individuals serving as legislative and lay
	212	+	16 members, respectively, on an interim study committee established
	213	+	17 by the legislative council.
	214	+	18 Sec. 6. (a) Ten (10) members of the task force constitute a
	215	+	19 quorum.
	216	+	20 (b) The affirmative vote of at least a majority of the members at
	217	+	21 a meeting at which a quorum is present is necessary for the task
	218	+	22 force to take official action other than to meet and take testimony.
	219	+	23 (c) The task force shall meet at the call of the co-chairs.
	220	+	24 Sec. 7. All meetings of the task force shall be open to the public
	221	+	25 in accordance with and subject to IC 5-14-1.5. All records of the
	222	+	26 task force are subject to the requirements of IC 5-14-3.
	223	+	27 Sec. 8. (a) The task force shall study existing statutory notice
	224	+	28 publication requirements for political subdivisions with a focus on
	225	+	29 amending these requirements to maximize value for Indiana
	226	+	30 citizens. The task force shall study the following topics:
	227	+	31 (1) Streamlining notice publication processes and identifying
	228	+	32 efficiencies without endangering due process.
	229	+	33 (2) The viability of use of print and digital media for
	230	+	34 providing notice.
	231	+	35 (3) Increasing awareness of and accessibility to public notice
	232	+	36 for all citizens.
	233	+	37 (4) The viability of using digital platforms to host public
	234	+	38 notices.
	235	+	39 (5) Evaluating cost savings to political subdivisions by having
	236	+	40 political subdivisions:
	237	+	41 (A) publish notices on their web page; and
	238	+	42 (B) maintain notice publication data as required by statute.
	239	+	EH 1438—LS 7111/DI 87 6
	240	+	1 (6) Reviewing publication of notice statutes and making any
	241	+	2 recommendations to modernize the publication of notice
	242	+	3 requirements.
	243	+	4 (b) The task force may, at the discretion of the co-chairs,
	244	+	5 examine any issue to:
	245	+	6 (1) study the issues set forth in subsection (a); or
	246	+	7 (2) develop the recommendations and issue the report
	247	+	8 required by section 9 of this chapter.
	248	+	9 Sec. 9. The task force shall:
	249	+	10 (1) issue a report setting forth:
	250	+	11 (A) the task force's determinations under section 8 of this
	251	+	12 chapter; and
	252	+	13 (B) any recommendations for legislation for introduction
	253	+	14 in the 2024 regular session based upon its determinations;
	254	+	15 and
	255	+	16 (2) not later than December 1, 2023, submit the report:
	256	+	17 (A) in an electronic format under IC 5-14-6 to the
	257	+	18 executive director of the legislative services agency for
	258	+	19 distribution to the members of the general assembly; and
	259	+	20 (B) to the governor.
	260	+	21 Sec. 10. The legislative services agency shall provide staff
	261	+	22 support to the task force.
	262	+	23 Sec. 11. This chapter expires December 31, 2023.
	263	+	24 SECTION 3. An emergency is declared for this act.
	264	+	EH 1438—LS 7111/DI 87 7
	265	+	COMMITTEE REPORT
	266	+	Mr. Speaker: Your Committee on Government and Regulatory
	267	+	Reform, to which was referred House Bill 1438, has had the same
	268	+	under consideration and begs leave to report the same back to the
	269	+	House with the recommendation that said bill be amended as follows:
	270	+	Delete everything after the enacting clause and insert the following:
	271	+	(SEE TEXT OF BILL)
	272	+	and when so amended that said bill do pass.
	273	+	(Reference is to HB 1438 as introduced.)
	274	+	MILLER D
	275	+	Committee Vote: yeas 10, nays 0.
	276	+	_____
	277	+	COMMITTEE REPORT
	278	+	Madam President: The Senate Committee on Local Government, to
	279	+	which was referred House Bill No. 1438, has had the same under
	280	+	consideration and begs leave to report the same back to the Senate with
	281	+	the recommendation that said bill DO PASS.
	282	+	(Reference is to HB 1438 as printed February 21, 2023.)
	283	+
	284	+	BUCK, Chairperson
	285	+	Committee Vote: Yeas 9, Nays 0
	286	+	_____
	287	+	SENATE MOTION
	288	+	Madam President: I move that Engrossed House Bill 1438 be
	289	+	amended to read as follows:
	290	+	Page 4, line 18, delete "seventeen (17)" and insert "eighteen (18)".
	291	+	Page 4, line 32, delete "twelve (12)" and insert "thirteen (13)".
	292	+	Page 4, between lines 37 and 38, begin a new line double block
	293	+	indented and insert:
	294	+	"(E) An individual representing county auditors.".
	295	+	Page 4, line 38, delete "(E)" and insert "(F)".
	296	+	Page 4, line 39, delete "(F)" and insert "(G)".
	297	+	EH 1438—LS 7111/DI 87 8
	298	+	Page 4, line 40, delete "(G)" and insert "(H)".
	299	+	Page 4, line 42, delete "(H)" and insert "(I)".
	300	+	Page 5, line 1, delete "(I)" and insert "(J)".
	301	+	Page 5, line 3, delete "(J)" and insert "(K)".
	302	+	Page 5, line 4, delete "(K)" and insert "(L)".
	303	+	Page 5, line 6, delete "(L)" and insert "(M)".
	304	+	Page 5, line 17, delete "Nine (9)" and insert "Ten (10)".
	305	+	(Reference is to EHB 1438 as printed March 21, 2023.)
	306	+	DORIOT
	307	+	EH 1438—LS 7111/DI 87