Indiana 2024 Regular Session

Indiana House Bill HB1306 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1306.1
	2	+	February 16, 2024
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1306
	5	+	_____
	6	+	DIGEST OF HB 1306 (Updated February 15, 2024 9:57 am - DI 119)
	7	+	Citations Affected: IC 5-14; IC 8-1.
	8	+	Synopsis: Live transmission and archiving of IURC meetings.
	9	+	Exempts the Indiana utility regulatory commission (IURC) from
	10	+	providing a live transmission of hearings regarding which a
	11	+	stenographic record is required to be made and kept by statute. Adds
	12	+	language to the chapter in the Indiana Code governing the IURC to
	13	+	require the IURC to provide on a publicly accessible platform a live
	14	+	transmission of any IURC proceeding that will include: (1) an
	15	+	examination of witnesses; (2) a nonprocedural discussion between one
	16	+	or more parties to the proceeding; (3) questions from one or more of
	17	+	the commissioners regarding the substance of the case; or (4) a
	18	+	contested procedural matter. Requires the IURC to issue a general
	19	+	administrative order to implement a policy that governs the live
	20	+	transmission of IURC proceedings and that includes processes: (1) by
	21	+	which members of the public may request and access the live
	22	+	transmission of an IURC proceeding; and (2) for archiving the live
	23	+	transmission of an IURC proceeding.
	24	+	Effective: July 1, 2024; July 1, 2025.
	25	+	Smaltz, Pressel
	26	+	(SENATE SPONSORS — KOCH, BUCK)
	27	+	January 10, 2024, read first time and referred to Committee on Utilities, Energy and
	28	+	Telecommunications.
	29	+	January 23, 2024, amended, reported — Do Pass.
	30	+	January 29, 2024, read second time, amended, ordered engrossed.
	31	+	January 30, 2024, engrossed. Read third time, passed. Yeas 94, nays 0.
	32	+	SENATE ACTION
	33	+	February 7, 2024, read first time and referred to Committee on Utilities.
	34	+	February 15, 2024, reported favorably — Do Pass.
	35	+	EH 1306—LS 6999/DI 51 February 16, 2024
1	36		Second Regular Session of the 123rd General Assembly (2024)
2	37		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	38		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	39		additions will appear in this style type, and deletions will appear in this style type.
5	40		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	41		provision adopted), the text of the new provision will appear in this style type. Also, the
7	42		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	43		a new provision to the Indiana Code or the Indiana Constitution.
9	44		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	45		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1306
12		-	AN ACT to amend the Indiana Code concerning state and local
13		-	administration.
	46	+	ENGROSSED
	47	+	HOUSE BILL No. 1306
	48	+	A BILL FOR AN ACT to amend the Indiana Code concerning state
	49	+	and local administration.
14	50		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 5-14-1.5-2.9, AS ADDED BY P.L.127-2023,
16		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2025]: Sec. 2.9. (a) This section does not apply to the
18		-	following:
19		-	(1) A meeting under section 6.1 of this chapter.
20		-	(2) A state educational institution.
21		-	(3) Subject to IC 8-1-1-8.1, a hearing noticed under
22		-	IC 8-1-1-8, regarding which a stenographic record is required
23		-	to be made and kept pursuant to IC 8-1-2-65.
24		-	(b) This section applies only to the following:
25		-	(1) A governing body of a state agency.
26		-	(2) The following governing bodies of agencies that are not state
27		-	agencies:
28		-	(A) The executive (as defined in IC 36-1-2-5), legislative body
29		-	(as defined in IC 36-1-2-9), or fiscal body (IC 36-1-2-6) of a
30		-	county, city, town, or township.
31		-	(B) A school board that has members who are elected.
32		-	(C) Any governing body that conducts the governing body's
33		-	regular meetings in the same meeting room in which a
34		-	governing body described in clause (A) or (B) conducts its
35		-	regular meetings.
36		-	HEA 1306 2
37		-	(c) Except as provided in subsection (e), a governing body shall
38		-	provide on a publicly accessible platform of the public agency's choice,
39		-	the following:
40		-	(1) Live transmissions of the governing body's meetings.
41		-	(2) Archived copies of the live transmissions described in
42		-	subdivision (1). Each archived copy of a live transmission must
43		-	provide access by links to the meeting's:
44		-	(A) agenda, if any;
45		-	(B) minutes, if any; and
46		-	(C) memoranda.
47		-	(d) A governing body shall include the website for live
48		-	transmissions and archived copies of live transmissions in the meeting
49		-	notice.
50		-	(e) If a governing body does not have Internet capability for live
51		-	transmission of meetings, the governing body shall record the meeting
52		-	and retain the recording as provided in subsection (f).
53		-	(f) The public agency is subject to the following:
54		-	(1) The public agency shall make a copy of the transmission or
55		-	recording available for public inspection and copying or
56		-	downloading for at least ninety (90) days after the date of the
57		-	meeting. The public agency shall, at the public agency's
58		-	discretion, permit a person to inspect and copy or download the
59		-	transmission or recording:
60		-	(A) without charge, from a publicly accessible platform of the
61		-	public agency's choosing; or
62		-	(B) from the public agency's data storage system:
63		-	(i) upon a request submitted by the person under
64		-	IC 5-14-3-3; and
65		-	(ii) during the regular business hours of the public agency.
66		-	The public agency may charge a fee under IC 5-14-3-8 for
67		-	providing a copy or downloaded copy under clause (B).
68		-	(2) More than ninety (90) days after the date of the meeting, the
69		-	public agency may destroy the transmission or recording.
70		-	(g) A technological failure that disrupts or prevents the governing
71		-	body from live streaming, recording, archiving, or maintaining a copy
72		-	of a live transmission or recording of a meeting does not:
73		-	(1) prevent the governing body from conducting the meeting;
74		-	(2) affect the validity of an action taken by the governing body at
75		-	the meeting;
76		-	(3) violate this chapter or any statute concerning the retention,
77		-	preservation, or production of public records; or
78		-	(4) subject any person to civil or criminal liability.
79		-	HEA 1306 3
80		-	SECTION 2. IC 8-1-1-8.1 IS ADDED TO THE INDIANA CODE
	51	+	1 SECTION 1. IC 5-14-1.5-2.9, AS ADDED BY P.L.127-2023,
	52	+	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	53	+	3 JULY 1, 2025]: Sec. 2.9. (a) This section does not apply to the
	54	+	4 following:
	55	+	5 (1) A meeting under section 6.1 of this chapter.
	56	+	6 (2) A state educational institution.
	57	+	7 (3) Subject to IC 8-1-1-8.1, a hearing noticed under
	58	+	8 IC 8-1-1-8, regarding which a stenographic record is required
	59	+	9 to be made and kept pursuant to IC 8-1-2-65.
	60	+	10 (b) This section applies only to the following:
	61	+	11 (1) A governing body of a state agency.
	62	+	12 (2) The following governing bodies of agencies that are not state
	63	+	13 agencies:
	64	+	14 (A) The executive (as defined in IC 36-1-2-5), legislative body
	65	+	15 (as defined in IC 36-1-2-9), or fiscal body (IC 36-1-2-6) of a
	66	+	16 county, city, town, or township.
	67	+	17 (B) A school board that has members who are elected.
	68	+	EH 1306—LS 6999/DI 51 2
	69	+	1 (C) Any governing body that conducts the governing body's
	70	+	2 regular meetings in the same meeting room in which a
	71	+	3 governing body described in clause (A) or (B) conducts its
	72	+	4 regular meetings.
	73	+	5 (c) Except as provided in subsection (e), a governing body shall
	74	+	6 provide on a publicly accessible platform of the public agency's choice,
	75	+	7 the following:
	76	+	8 (1) Live transmissions of the governing body's meetings.
	77	+	9 (2) Archived copies of the live transmissions described in
	78	+	10 subdivision (1). Each archived copy of a live transmission must
	79	+	11 provide access by links to the meeting's:
	80	+	12 (A) agenda, if any;
	81	+	13 (B) minutes, if any; and
	82	+	14 (C) memoranda.
	83	+	15 (d) A governing body shall include the website for live
	84	+	16 transmissions and archived copies of live transmissions in the meeting
	85	+	17 notice.
	86	+	18 (e) If a governing body does not have Internet capability for live
	87	+	19 transmission of meetings, the governing body shall record the meeting
	88	+	20 and retain the recording as provided in subsection (f).
	89	+	21 (f) The public agency is subject to the following:
	90	+	22 (1) The public agency shall make a copy of the transmission or
	91	+	23 recording available for public inspection and copying or
	92	+	24 downloading for at least ninety (90) days after the date of the
	93	+	25 meeting. The public agency shall, at the public agency's
	94	+	26 discretion, permit a person to inspect and copy or download the
	95	+	27 transmission or recording:
	96	+	28 (A) without charge, from a publicly accessible platform of the
	97	+	29 public agency's choosing; or
	98	+	30 (B) from the public agency's data storage system:
	99	+	31 (i) upon a request submitted by the person under
	100	+	32 IC 5-14-3-3; and
	101	+	33 (ii) during the regular business hours of the public agency.
	102	+	34 The public agency may charge a fee under IC 5-14-3-8 for
	103	+	35 providing a copy or downloaded copy under clause (B).
	104	+	36 (2) More than ninety (90) days after the date of the meeting, the
	105	+	37 public agency may destroy the transmission or recording.
	106	+	38 (g) A technological failure that disrupts or prevents the governing
	107	+	39 body from live streaming, recording, archiving, or maintaining a copy
	108	+	40 of a live transmission or recording of a meeting does not:
	109	+	41 (1) prevent the governing body from conducting the meeting;
	110	+	42 (2) affect the validity of an action taken by the governing body at
	111	+	EH 1306—LS 6999/DI 51 3
	112	+	1 the meeting;
	113	+	2 (3) violate this chapter or any statute concerning the retention,
	114	+	3 preservation, or production of public records; or
	115	+	4 (4) subject any person to civil or criminal liability.
	116	+	5 SECTION 2. IC 8-1-1-8.1 IS ADDED TO THE INDIANA CODE
	117	+	6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	118	+	7 1, 2024]: Sec. 8.1. (a) As used in this section, "commission
	119	+	8 proceeding" means a hearing for which notice is provided under
	120	+	9 section 8 of this chapter.
	121	+	10 (b) The commission shall provide on a publicly accessible
	122	+	11 platform of the commission's choice a live transmission of any
	123	+	12 commission proceeding that will include:
	124	+	13 (1) an examination of witnesses;
	125	+	14 (2) a nonprocedural discussion between one (1) or more
	126	+	15 parties to the commission proceeding;
	127	+	16 (3) questions from one (1) or more of the commissioners
	128	+	17 regarding the substance of the case; or
	129	+	18 (4) a contested procedural matter.
	130	+	19 (c) The commission shall issue a general administrative order to
	131	+	20 implement a policy that governs the live transmission of
	132	+	21 commission proceedings and that includes the following:
	133	+	22 (1) For a commission proceeding that the commission
	134	+	23 determines is not subject to live transmission under
	135	+	24 subsection (b), a process by which members of the public may
	136	+	25 request the live transmission of the commission proceeding.
	137	+	26 (2) For any commission proceeding for which the commission
	138	+	27 will provide a live transmission, whether under subsection (b)
	139	+	28 or upon a request made under subdivision (1), the following:
	140	+	29 (A) A process by which members of the public may access
	141	+	30 the live transmission of the commission proceeding.
	142	+	31 (B) A process for:
	143	+	32 (i) archiving the live transmission of the commission
	144	+	33 proceeding; and
	145	+	34 (ii) members of the public to access or request the
	146	+	35 archived live transmission of the commission proceeding.
	147	+	EH 1306—LS 6999/DI 51 4
	148	+	COMMITTEE REPORT
	149	+	Mr. Speaker: Your Committee on Utilities, Energy and
	150	+	Telecommunications, to which was referred House Bill 1306, has had
	151	+	the same under consideration and begs leave to report the same back
	152	+	to the House with the recommendation that said bill be amended as
	153	+	follows:
	154	+	Page 3, after line 4, begin a new paragraph and insert:
	155	+	"SECTION 2. IC 8-1-1-8.1 IS ADDED TO THE INDIANA CODE
81	156		AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
82	157		1, 2024]: Sec. 8.1. (a) As used in this section, "commission
83	158		proceeding" means a hearing for which notice is provided under
84	159		section 8 of this chapter.
85	160		(b) The commission shall provide on a publicly accessible
86	161		platform of the commission's choice a live transmission of any
87		-	commission proceeding that will include:
88		-	(1) an examination of witnesses;
89		-	(2) a nonprocedural discussion between one (1) or more
90		-	parties to the commission proceeding;
91		-	(3) questions from one (1) or more of the commissioners
92		-	regarding the substance of the case; or
93		-	(4) a contested procedural matter.
	162	+	commission proceeding that the commission reasonably determines
	163	+	will include:
	164	+	(1) an examination of witnesses; or
	165	+	(2) a matter of public interest.
94	166		(c) The commission shall issue a general administrative order to
95	167		implement a policy that governs the live transmission of
96	168		commission proceedings and that includes the following:
97		-	(1) For a commission proceeding that the commission
	169	+	(1) The criteria the commission will use to determine if a
	170	+	commission proceeding involves a matter of public interest
	171	+	under subsection (b).
	172	+	(2) For a commission proceeding that the commission
98	173		determines is not subject to live transmission under
99	174		subsection (b), a process by which members of the public may
100	175		request the live transmission of the commission proceeding.
101		-	(2) For any commission proceeding for which the commission
	176	+	(3) For any commission proceeding for which the commission
102	177		will provide a live transmission, whether under subsection (b)
103		-	or upon a request made under subdivision (1), the following:
	178	+	or upon a request made under subdivision (2), the following:
104	179		(A) A process by which members of the public may access
105	180		the live transmission of the commission proceeding.
106	181		(B) A process for:
107	182		(i) archiving the live transmission of the commission
108	183		proceeding; and
109	184		(ii) members of the public to access or request the
110		-	archived live transmission of the commission proceeding.
111		-	HEA 1306 Speaker of the House of Representatives
112		-	President of the Senate
113		-	President Pro Tempore
114		-	Governor of the State of Indiana
115		-	Date: Time:
116		-	HEA 1306
	185	+	archived live transmission of the commission
	186	+	proceeding.".
	187	+	and when so amended that said bill do pass.
	188	+	EH 1306—LS 6999/DI 51 5
	189	+	(Reference is to HB 1306 as introduced.)
	190	+	SOLIDAY
	191	+	Committee Vote: yeas 9, nays 1.
	192	+	_____
	193	+	HOUSE MOTION
	194	+	Mr. Speaker: I move that House Bill 1306 be amended to read as
	195	+	follows:
	196	+	Page 1, line 7, delete "A" and insert "Subject to IC 8-1-1-8.1, a".
	197	+	Page 3, line 12, delete "the commission reasonably determines".
	198	+	Page 3, line 14, delete "or".
	199	+	Page 3, delete line 15, begin new line block indented and insert:
	200	+	"(2) a nonprocedural discussion between one (1) or more
	201	+	parties to the commission proceeding;
	202	+	(3) questions from one (1) or more of the commissioners
	203	+	regarding the substance of the case; or
	204	+	(4) a contested procedural matter.".
	205	+	Page 3, delete lines 19 through 21.
	206	+	Page 3, line 22, delete "(2)" and insert "(1)".
	207	+	Page 3, line 26, delete "(3)" and insert "(2)".
	208	+	Page 3, line 28, delete "(2)," and insert "(1),".
	209	+	(Reference is to HB 1306 as printed January 23, 2024.)
	210	+	SMALTZ
	211	+	_____
	212	+	COMMITTEE REPORT
	213	+	Madam President: The Senate Committee on Utilities, to which was
	214	+	referred House Bill No. 1306, has had the same under consideration
	215	+	and begs leave to report the same back to the Senate with the
	216	+	recommendation that said bill DO PASS.
	217	+	(Reference is to HB 1306 as reprinted January 30, 2024.)
	218	+
	219	+	KOCH, Chairperson
	220	+	Committee Vote: Yeas 9, Nays 0
	221	+	EH 1306—LS 6999/DI 51