*EH1306.1*
February 16, 2024
ENGROSSED
HOUSE BILL No. 1306
_____
DIGEST OF HB 1306 (Updated February 15, 2024 9:57 am - DI 119)
Citations Affected: IC 5-14; IC 8-1.
Synopsis: Live transmission and archiving of IURC meetings.
Exempts the Indiana utility regulatory commission (IURC) from
providing a live transmission of hearings regarding which a
stenographic record is required to be made and kept by statute. Adds
language to the chapter in the Indiana Code governing the IURC to
require the IURC to provide on a publicly accessible platform a live
transmission of any IURC proceeding that will include: (1) an
examination of witnesses; (2) a nonprocedural discussion between one
or more parties to the proceeding; (3) questions from one or more of
the commissioners regarding the substance of the case; or (4) a
contested procedural matter. Requires the IURC to issue a general
administrative order to implement a policy that governs the live
transmission of IURC proceedings and that includes processes: (1) by
which members of the public may request and access the live
transmission of an IURC proceeding; and (2) for archiving the live
transmission of an IURC proceeding.
Effective: July 1, 2024; July 1, 2025.
Smaltz, Pressel
(SENATE SPONSORS — KOCH, BUCK)
January 10, 2024, read first time and referred to Committee on Utilities, Energy and
Telecommunications.
January 23, 2024, amended, reported — Do Pass.
January 29, 2024, read second time, amended, ordered engrossed.
January 30, 2024, engrossed. Read third time, passed. Yeas 94, nays 0.
SENATE ACTION
February 7, 2024, read first time and referred to Committee on Utilities.
February 15, 2024, reported favorably — Do Pass.
EH 1306—LS 6999/DI 51 February 16, 2024
Second Regular Session of the 123rd General Assembly (2024)
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 2023 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1306
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 5-14-1.5-2.9, AS ADDED BY P.L.127-2023,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 2.9. (a) This section does not apply to the
4 following:
5 (1) A meeting under section 6.1 of this chapter.
6 (2) A state educational institution.
7 (3) Subject to IC 8-1-1-8.1, a hearing noticed under
8 IC 8-1-1-8, regarding which a stenographic record is required
9 to be made and kept pursuant to IC 8-1-2-65.
10 (b) This section applies only to the following:
11 (1) A governing body of a state agency.
12 (2) The following governing bodies of agencies that are not state
13 agencies:
14 (A) The executive (as defined in IC 36-1-2-5), legislative body
15 (as defined in IC 36-1-2-9), or fiscal body (IC 36-1-2-6) of a
16 county, city, town, or township.
17 (B) A school board that has members who are elected.
EH 1306—LS 6999/DI 51 2
1 (C) Any governing body that conducts the governing body's
2 regular meetings in the same meeting room in which a
3 governing body described in clause (A) or (B) conducts its
4 regular meetings.
5 (c) Except as provided in subsection (e), a governing body shall
6 provide on a publicly accessible platform of the public agency's choice,
7 the following:
8 (1) Live transmissions of the governing body's meetings.
9 (2) Archived copies of the live transmissions described in
10 subdivision (1). Each archived copy of a live transmission must
11 provide access by links to the meeting's:
12 (A) agenda, if any;
13 (B) minutes, if any; and
14 (C) memoranda.
15 (d) A governing body shall include the website for live
16 transmissions and archived copies of live transmissions in the meeting
17 notice.
18 (e) If a governing body does not have Internet capability for live
19 transmission of meetings, the governing body shall record the meeting
20 and retain the recording as provided in subsection (f).
21 (f) The public agency is subject to the following:
22 (1) The public agency shall make a copy of the transmission or
23 recording available for public inspection and copying or
24 downloading for at least ninety (90) days after the date of the
25 meeting. The public agency shall, at the public agency's
26 discretion, permit a person to inspect and copy or download the
27 transmission or recording:
28 (A) without charge, from a publicly accessible platform of the
29 public agency's choosing; or
30 (B) from the public agency's data storage system:
31 (i) upon a request submitted by the person under
32 IC 5-14-3-3; and
33 (ii) during the regular business hours of the public agency.
34 The public agency may charge a fee under IC 5-14-3-8 for
35 providing a copy or downloaded copy under clause (B).
36 (2) More than ninety (90) days after the date of the meeting, the
37 public agency may destroy the transmission or recording.
38 (g) A technological failure that disrupts or prevents the governing
39 body from live streaming, recording, archiving, or maintaining a copy
40 of a live transmission or recording of a meeting does not:
41 (1) prevent the governing body from conducting the meeting;
42 (2) affect the validity of an action taken by the governing body at
EH 1306—LS 6999/DI 51 3
1 the meeting;
2 (3) violate this chapter or any statute concerning the retention,
3 preservation, or production of public records; or
4 (4) subject any person to civil or criminal liability.
5 SECTION 2. IC 8-1-1-8.1 IS ADDED TO THE INDIANA CODE
6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
7 1, 2024]: Sec. 8.1. (a) As used in this section, "commission
8 proceeding" means a hearing for which notice is provided under
9 section 8 of this chapter.
10 (b) The commission shall provide on a publicly accessible
11 platform of the commission's choice a live transmission of any
12 commission proceeding that will include:
13 (1) an examination of witnesses;
14 (2) a nonprocedural discussion between one (1) or more
15 parties to the commission proceeding;
16 (3) questions from one (1) or more of the commissioners
17 regarding the substance of the case; or
18 (4) a contested procedural matter.
19 (c) The commission shall issue a general administrative order to
20 implement a policy that governs the live transmission of
21 commission proceedings and that includes the following:
22 (1) For a commission proceeding that the commission
23 determines is not subject to live transmission under
24 subsection (b), a process by which members of the public may
25 request the live transmission of the commission proceeding.
26 (2) For any commission proceeding for which the commission
27 will provide a live transmission, whether under subsection (b)
28 or upon a request made under subdivision (1), the following:
29 (A) A process by which members of the public may access
30 the live transmission of the commission proceeding.
31 (B) A process for:
32 (i) archiving the live transmission of the commission
33 proceeding; and
34 (ii) members of the public to access or request the
35 archived live transmission of the commission proceeding.
EH 1306—LS 6999/DI 51 4
COMMITTEE REPORT
Mr. Speaker: Your Committee on Utilities, Energy and
Telecommunications, to which was referred House Bill 1306, 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:
Page 3, after line 4, begin a new paragraph and insert:
"SECTION 2. IC 8-1-1-8.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 8.1. (a) As used in this section, "commission
proceeding" means a hearing for which notice is provided under
section 8 of this chapter.
(b) The commission shall provide on a publicly accessible
platform of the commission's choice a live transmission of any
commission proceeding that the commission reasonably determines
will include:
(1) an examination of witnesses; or
(2) a matter of public interest.
(c) The commission shall issue a general administrative order to
implement a policy that governs the live transmission of
commission proceedings and that includes the following:
(1) The criteria the commission will use to determine if a
commission proceeding involves a matter of public interest
under subsection (b).
(2) For a commission proceeding that the commission
determines is not subject to live transmission under
subsection (b), a process by which members of the public may
request the live transmission of the commission proceeding.
(3) For any commission proceeding for which the commission
will provide a live transmission, whether under subsection (b)
or upon a request made under subdivision (2), the following:
(A) A process by which members of the public may access
the live transmission of the commission proceeding.
(B) A process for:
(i) archiving the live transmission of the commission
proceeding; and
(ii) members of the public to access or request the
archived live transmission of the commission
proceeding.".
and when so amended that said bill do pass.
EH 1306—LS 6999/DI 51 5
(Reference is to HB 1306 as introduced.)
SOLIDAY
Committee Vote: yeas 9, nays 1.
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HOUSE MOTION
Mr. Speaker: I move that House Bill 1306 be amended to read as
follows:
Page 1, line 7, delete "A" and insert "Subject to IC 8-1-1-8.1, a".
Page 3, line 12, delete "the commission reasonably determines".
Page 3, line 14, delete "or".
Page 3, delete line 15, begin new line block indented and insert:
"(2) a nonprocedural discussion between one (1) or more
parties to the commission proceeding;
(3) questions from one (1) or more of the commissioners
regarding the substance of the case; or
(4) a contested procedural matter.".
Page 3, delete lines 19 through 21.
Page 3, line 22, delete "(2)" and insert "(1)".
Page 3, line 26, delete "(3)" and insert "(2)".
Page 3, line 28, delete "(2)," and insert "(1),".
(Reference is to HB 1306 as printed January 23, 2024.)
SMALTZ
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Utilities, to which was
referred House Bill No. 1306, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill DO PASS.
(Reference is to HB 1306 as reprinted January 30, 2024.)
KOCH, Chairperson
Committee Vote: Yeas 9, Nays 0
EH 1306—LS 6999/DI 51