*EH1338.2*
Reprinted
March 5, 2024
ENGROSSED
HOUSE BILL No. 1338
_____
DIGEST OF HB 1338 (Updated March 4, 2024 4:39 pm - DI 87)
Citations Affected: IC 5-14; IC 35-43.
Synopsis: Security of property and meeting decorum. Allows the
governing bodies of certain local government agencies (local agencies)
to adopt rules or policies governing the conduct of meetings. Provides
that a rule or policy may provide that the presiding member of the
(Continued next page)
Effective: July 1, 2024.
Prescott, Meltzer, Pressel, Campbell
(SENATE SPONSORS — BALDWIN, ALEXANDER, RAATZ)
January 10, 2024, read first time and referred to Committee on Government and Regulatory
Reform.
January 16, 2024, amended, reported — Do Pass.
January 18, 2024, read second time, amended, ordered engrossed.
January 19, 2024, engrossed.
January 22, 2024, read third time, passed. Yeas 79, nays 17.
SENATE ACTION
February 5, 2024, read first time and referred to Committee on Corrections and Criminal
Law.
February 29, 2024, amended, reported favorably — Do Pass.
March 4, 2024, read second time, amended, ordered engrossed.
EH 1338—LS 7057/DI 149 Digest Continued
governing body of the local agency may: (1) issue warnings to
disruptive attendees and direct them to leave the meeting on the third
warning; and (2) direct a law enforcement officer to remove disruptive
attendees. Provides that the rules and policies must be posted at the
meeting entrance or announced before taking public testimony.
Specifies that a provision of the tort claims law providing immunity to
a government entity or employee in adopting and enforcing a law or
rule applies. Provides that a person commits criminal trespass by
knowingly or intentionally: (1) entering a locked area without
permission; or (2) refusing to leave an area not publicly accessible after
being asked to leave by a law enforcement officer or agent of the
property owner or operator. Specifies that: (1) the public access
counselor serves at the pleasure of the governor; and (2) when issuing
an advisory opinion, the public access counselor may consider only the
plain text of the public access laws and valid Indiana court opinions.
Provides that a committee appointed directly by the governing body or
a governing body's designee does not constitute a governing body that
is subject to the open door law if the committee: (1) is appointed for the
sole purpose of receiving information, deliberating, or making
recommendations to the governing body; and (2) has not more than one
member of the governing body as a member.
EH 1338—LS 7057/DI 149EH 1338—LS 7057/DI 149 Reprinted
March 5, 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. 1338
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, AS AMENDED BY P.L.124-2022,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 2. For the purposes of this chapter:
4 (a) "Public agency", except as provided in section 2.1 of this
5 chapter, means the following:
6 (1) Any board, commission, department, agency, authority, or
7 other entity, by whatever name designated, exercising a portion of
8 the executive, administrative, or legislative power of the state.
9 (2) Any county, township, school corporation, city, town, political
10 subdivision, or other entity, by whatever name designated,
11 exercising in a limited geographical area the executive,
12 administrative, or legislative power of the state or a delegated
13 local governmental power.
14 (3) Any entity which is subject to either:
15 (A) budget review by either the department of local
16 government finance or the governing body of a county, city,
17 town, township, or school corporation; or
EH 1338—LS 7057/DI 149 2
1 (B) audit by the state board of accounts that is required by
2 statute, rule, or regulation.
3 (4) Any building corporation of a political subdivision of the state
4 of Indiana that issues bonds for the purpose of constructing public
5 facilities.
6 (5) Any advisory commission, committee, or body created by
7 statute, ordinance, or executive order to advise the governing
8 body of a public agency, except medical staffs or the committees
9 of any such staff.
10 (6) The Indiana gaming commission established by IC 4-33,
11 including any department, division, or office of the commission.
12 (7) The Indiana horse racing commission established by IC 4-31,
13 including any department, division, or office of the commission.
14 (b) "Governing body" means two (2) or more individuals who are
15 any of the following:
16 (1) A public agency that:
17 (A) is a board, a commission, an authority, a council, a
18 committee, a body, or other entity; and
19 (B) takes official action on public business.
20 (2) The board, commission, council, or other body of a public
21 agency which takes official action upon public business.
22 (3) Any committee appointed directly by the governing body or
23 its presiding officer to which authority to take official action upon
24 public business has been delegated. However, the following do
25 not constitute a governing body for purposes of this chapter:
26 (A) An agent or agents appointed by the governing body to
27 conduct collective bargaining on behalf of the governing body.
28 does not constitute a governing body for purposes of this
29 chapter.
30 (B) A committee appointed directly by the governing body
31 or a designee of the governing body:
32 (i) for the sole purpose of receiving information,
33 deliberating, or making recommendations to the
34 governing body; and
35 (ii) that has not more than one (1) member of the
36 governing body as a member.
37 (c) "Meeting" means a gathering of a majority of the governing body
38 of a public agency for the purpose of taking official action upon public
39 business. It does not include any of the following:
40 (1) Any social or chance gathering not intended to avoid this
41 chapter.
42 (2) Any on-site inspection of any:
EH 1338—LS 7057/DI 149 3
1 (A) project;
2 (B) program; or
3 (C) facilities of applicants for incentives or assistance from the
4 governing body.
5 (3) Traveling to and attending meetings of organizations devoted
6 to betterment of government.
7 (4) A caucus.
8 (5) A gathering to discuss an industrial or a commercial prospect
9 that does not include a conclusion as to recommendations, policy,
10 decisions, or final action on the terms of a request or an offer of
11 public financial resources.
12 (6) An orientation of members of the governing body on their role
13 and responsibilities as public officials, but not for any other
14 official action.
15 (7) A gathering for the sole purpose of administering an oath of
16 office to an individual.
17 (8) Collective bargaining discussions that the governing body of
18 a school corporation engages in directly with bargaining
19 adversaries. This subdivision applies only to a governing body
20 that has not appointed an agent or agents to conduct collective
21 bargaining on behalf of the governing body as described in
22 subsection (b)(3).
23 (d) "Official action" means to:
24 (1) receive information;
25 (2) deliberate;
26 (3) make recommendations;
27 (4) establish policy;
28 (5) make decisions; or
29 (6) take final action.
30 (e) "Public business" means any function upon which the public
31 agency is empowered or authorized to take official action.
32 (f) "Executive session" means a meeting from which the public is
33 excluded, except the governing body may admit those persons
34 necessary to carry out its purpose. The governing body may also admit
35 an individual who has been elected to the governing body but has not
36 been sworn in as a member of the governing body.
37 (g) "Final action" means a vote by the governing body on any
38 motion, proposal, resolution, rule, regulation, ordinance, or order.
39 (h) "Caucus" means a gathering of members of a political party or
40 coalition which is held for purposes of planning political strategy and
41 holding discussions designed to prepare the members for taking official
42 action.
EH 1338—LS 7057/DI 149 4
1 (i) "Deliberate" means a discussion which may reasonably be
2 expected to result in official action (defined under subsection (d)(3),
3 (d)(4), (d)(5), or (d)(6)).
4 (j) "News media" means all newspapers qualified to receive legal
5 advertisements under IC 5-3-1, all news services (as defined in
6 IC 34-6-2-87), and all licensed commercial or public radio or television
7 stations.
8 (k) "Person" means an individual, a corporation, a limited liability
9 company, a partnership, an unincorporated association, or a
10 governmental entity.
11 (l) "State educational institution" has the meaning set forth in
12 IC 21-7-13-32.
13 (m) "Charter school" has the meaning set forth in IC 20-24-1-4).
14 The term includes a virtual charter school (as defined in
15 IC 20-24-1-10).
16 SECTION 2. IC 5-14-1.5-3.3 IS ADDED TO THE INDIANA
17 CODE AS A NEW SECTION TO READ AS FOLLOWS
18 [EFFECTIVE JULY 1, 2024]: Sec. 3.3. (a) This section applies only
19 to a meeting of the governing body of an entity described in section
20 2(a)(2) or 2(a)(3) of this chapter.
21 (b) This section does not apply to a meeting of the governing
22 body of a school corporation or charter school.
23 (c) As used in this section, "attendee" means a member of the
24 public who is physically present at a meeting of a governing body.
25 (d) If a governing body allows attendees to speak on a topic at
26 a meeting, the governing body may designate:
27 (1) a period for taking public testimony that is:
28 (A) before or during the governing body's discussion or
29 consideration of the topic; and
30 (B) before the governing body takes final action on the
31 topic; and
32 (2) the amount of time allotted for attendees to speak on the
33 topic.
34 (e) A governing body may adopt reasonable rules or policies
35 governing the conduct of a meeting, including any of the following:
36 (1) Reasonable restrictions on the time allotted for attendees
37 to speak on a topic.
38 (2) Reasonable steps to maintain order during a meeting with
39 respect to attendees and the elected officials of the governing
40 body.
41 (3) A procedure for the presiding member of the governing
42 body to issue warnings to attendees who disrupt a meeting.
EH 1338—LS 7057/DI 149 5
1 Subject to subsection (g), the procedure may provide that if
2 an attendee receives three (3) warnings, the presiding member
of the governing body may upon issuing the third warning,3
4 direct:
5 (A) the attendee to leave the meeting; and
6 (B) a law enforcement officer to remove the attendee from
7 the meeting, if the attendee refuses to leave when directed
8 by the presiding member for a violation of the rules or
9 policies governing the conduct of the meeting as adopted
10 by the governing body.
11 (f) The governing body must notify attendees of any rules or
12 policies that are adopted under this section by:
13 (1) posting the rules or policies in a visible area at the
14 entrance to the meeting location; or
15 (2) making an announcement of the rules or policies at the
16 meeting before taking oral public comment.
17 (g) Nothing in this section may be construed to prohibit a law
18 enforcement officer from immediately removing an attendee from
19 a meeting if:
20 (1) removal of the attendee is necessary to maintain order or
21 ensure the safety of another person;
22 (2) the attendee commits a criminal offense; or
23 (3) the attendee violates the rules or policies governing the
24 conduct of the meeting as adopted by the governing body.
25 (h) IC 34-13-3-3(a)(8) applies to this section.
26 SECTION 3. IC 5-14-4-6 IS AMENDED TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2024]: Sec. 6. The governor shall appoint a
28 public access counselor for a term of four (4) years at a salary to be
29 fixed by the governor. The public access counselor shall serve at the
30 pleasure of the governor.
31 SECTION 4. IC 5-14-4-7 IS REPEALED [EFFECTIVE JULY 1,
32 2024]. Sec. 7. The governor may remove the counselor for cause.
33 SECTION 5. IC 5-14-4-10.5 IS ADDED TO THE INDIANA CODE
34 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
35 1, 2024]: Sec. 10.5. When issuing an advisory opinion, the public
36 access counselor shall consider only:
37 (1) the public access laws, as plainly written; and
38 (2) valid opinions of Indiana courts.
39 SECTION 6. IC 35-43-2-2, AS AMENDED BY P.L.79-2023,
40 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2024]: Sec. 2. (a) As used in this section, "authorized person"
42 means a person authorized by an agricultural operation or a scientific
EH 1338—LS 7057/DI 149 6
1 research facility to act on behalf of the agricultural operation or the
2 scientific research facility.
3 (b) A person who:
4 (1) not having a contractual interest in the property, knowingly or
5 intentionally enters the real property of another person after
6 having been denied entry by the other person or that person's
7 agent;
8 (2) not having a contractual interest in the property, knowingly or
9 intentionally refuses to leave the real property of another person
10 after having been asked to leave by the other person or that
11 person's agent;
12 (3) accompanies another person in a vehicle, with knowledge that
13 the other person knowingly or intentionally is exerting
14 unauthorized control over the vehicle;
15 (4) knowingly or intentionally interferes with the possession or
16 use of the property of another person without the person's consent;
17 (5) not having a contractual interest in the property, knowingly or
18 intentionally enters the:
19 (A) property of an agricultural operation that is used for the
20 production, processing, propagation, packaging, cultivation,
21 harvesting, care, management, or storage of an animal, plant,
22 or other agricultural product, including any pasturage or land
23 used for timber management, without the consent of the owner
24 of the agricultural operation or an authorized person; or
25 (B) dwelling of another person without the person's consent;
26 (6) knowingly or intentionally:
27 (A) travels by train without lawful authority or the railroad
28 carrier's consent; and
29 (B) rides on the outside of a train or inside a passenger car,
30 locomotive, or freight car, including a boxcar, flatbed, or
31 container without lawful authority or the railroad carrier's
32 consent;
33 (7) not having a contractual interest in the property, knowingly or
34 intentionally enters or refuses to leave the property of another
35 person after having been prohibited from entering or asked to
36 leave the property by a law enforcement officer when the property
37 is:
38 (A) vacant real property (as defined in IC 36-7-36-5) or a
39 vacant structure (as defined in IC 36-7-36-6); or
40 (B) designated by a municipality or county enforcement
41 authority to be:
42 (i) abandoned property or an abandoned structure (as
EH 1338—LS 7057/DI 149 7
1 defined in IC 36-7-36-1); or
2 (ii) an unsafe building or an unsafe premises (as described
3 in IC 36-7-9);
4 (8) not having a contractual interest in the property, knowingly or
5 intentionally enters the real property of an agricultural operation
6 (as defined in IC 32-30-6-1) without the permission of the owner
7 of the agricultural operation or an authorized person, and
8 knowingly or intentionally engages in conduct that causes
9 property damage to:
10 (A) the owner of or a person having a contractual interest in
11 the agricultural operation;
12 (B) the operator of the agricultural operation; or
13 (C) a person having personal property located on the property
14 of the agricultural operation;
15 (9) not having a contractual interest in the property, knowingly or
16 intentionally enters the real property of a scientific research
17 facility (as defined in IC 35-31.5-2-287) without the permission
18 of, or with permission which was fraudulently obtained from, the
19 owner of the scientific research facility or an authorized person,
20 and knowingly or intentionally engages in conduct that causes
21 property damage to:
22 (A) the owner of or a person having a contractual interest in
23 the scientific research facility;
24 (B) the operator of the scientific research facility; or
25 (C) a person having personal property located on the property
26 of the scientific research facility;
27 (10) knowingly or intentionally enters the property of another
28 person after being denied entry by a court order that has been
29 issued to the person or issued to the general public by
30 conspicuous posting on or around the premises in areas where a
31 person can observe the order when the property has been
32 designated by a municipality or county enforcement authority to
33 be:
34 (A) a vacant property;
35 (B) an abandoned property;
36 (C) an abandoned structure (as defined in IC 36-7-36-1); or
37 (D) an unsafe building or an unsafe premises (as described in
38 IC 36-7-9); or
39 (11) knowingly or intentionally enters or refuses to leave the polls
40 (as defined in IC 3-5-2-39) or chute (as defined in IC 3-5-2-10)
41 after having been prohibited from entering or asked to leave the
42 polls or chute by a precinct election officer (as defined in
EH 1338—LS 7057/DI 149 8
1 IC 3-5-2-40.1) or a law enforcement officer acting on behalf of a
2 precinct election officer; or
3 (12) knowingly or intentionally:
4 (A) without permission or prior authorization, enters an
5 area of property that is locked; or
6 (B) refuses to leave an area of a property that is otherwise
7 not accessible to the public, after being asked to leave the
8 area of a property by a law enforcement officer or an
9 employee or agent of the owner or operator of the
10 property;
11 commits criminal trespass, a Class A misdemeanor. However, the
12 offense is a Level 6 felony if it is committed on a scientific research
13 facility, on a facility belonging to a public utility (as defined in
14 IC 32-24-1-5.9(a)), on school property, or on a school bus or the person
15 has a prior unrelated conviction for an offense under this section
16 concerning the same property. The offense is a Level 6 felony, for
17 purposes of subdivision (8), if the property damage is more than seven
18 hundred fifty dollars ($750) and less than fifty thousand dollars
19 ($50,000). The offense is a Level 5 felony, for purposes of subdivisions
20 (8) and (9), if the property damage is at least fifty thousand dollars
21 ($50,000).
22 (c) A person has been denied entry under subsection (b)(1) when the
23 person has been denied entry by means of:
24 (1) personal communication, oral or written;
25 (2) posting or exhibiting a notice at the main entrance in a manner
26 that is either prescribed by law or likely to come to the attention
27 of the public;
28 (3) a hearing authority or court order under IC 32-30-6,
29 IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36; or
30 (4) posting the property by placing identifying purple marks on
31 trees or posts around the area where entry is denied.
32 (d) For the purposes of subsection (c)(4):
33 (1) each purple mark must be readily visible to any person
34 approaching the property and must be placed:
35 (A) on a tree:
36 (i) as a vertical line of at least eight (8) inches in length and
37 with the bottom of the mark at least three (3) feet and not
38 more than five (5) feet from the ground; and
39 (ii) not more than one hundred (100) feet from the nearest
40 other marked tree; or
41 (B) on a post:
42 (i) with the mark covering at least the top two (2) inches of
EH 1338—LS 7057/DI 149 9
1 the post, and with the bottom of the mark at least three (3)
2 feet and not more than five (5) feet six (6) inches from the
3 ground; and
4 (ii) not more than thirty-six (36) feet from the nearest other
5 marked post; and
6 (2) before a purple mark that would be visible from both sides of
7 a fence shared by different property owners or lessees may be
8 applied, all of the owners or lessees of the properties must agree
9 to post the properties with purple marks under subsection (c)(4).
10 (e) A law enforcement officer may not deny entry to property or ask
11 a person to leave a property under subsection (b)(7) unless there is
12 reasonable suspicion that criminal activity has occurred or is occurring.
13 (f) A person described in subsection (b)(7) or (b)(10) violates
14 subsection (b)(7) or (b)(10), as applicable, unless the person has the
15 written permission of the owner, the owner's agent, an enforcement
16 authority, or a court to come onto the property for purposes of
17 performing maintenance, repair, or demolition.
18 (g) A person described in subsection (b)(10) violates subsection
19 (b)(10) unless the court that issued the order denying the person entry
20 grants permission for the person to come onto the property.
21 (h) Subsections (b), (c), and (g) do not apply to the following:
22 (1) A passenger on a train.
23 (2) An employee of a railroad carrier while engaged in the
24 performance of official duties.
25 (3) A law enforcement officer, firefighter, or emergency response
26 personnel while engaged in the performance of official duties.
27 (4) A person going on railroad property in an emergency to rescue
28 a person or animal from harm's way or to remove an object that
29 the person reasonably believes poses an imminent threat to life or
30 limb.
31 (5) A person on the station grounds or in the depot of a railroad
32 carrier:
33 (A) as a passenger; or
34 (B) for the purpose of transacting lawful business.
35 (6) A:
36 (A) person; or
37 (B) person's:
38 (i) family member;
39 (ii) invitee;
40 (iii) employee;
41 (iv) agent; or
42 (v) independent contractor;
EH 1338—LS 7057/DI 149 10
1 going on a railroad's right-of-way for the purpose of crossing at a
2 private crossing site approved by the railroad carrier to obtain
3 access to land that the person owns, leases, or operates.
4 (7) A person having written permission from the railroad carrier
5 to go on specified railroad property.
6 (8) A representative of the Indiana department of transportation
7 while engaged in the performance of official duties.
8 (9) A representative of the federal Railroad Administration while
9 engaged in the performance of official duties.
10 (10) A representative of the National Transportation Safety Board
11 while engaged in the performance of official duties.
EH 1338—LS 7057/DI 149 11
COMMITTEE REPORT
Mr. Speaker: Your Committee on Government and Regulatory
Reform, to which was referred House Bill 1338, 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 1, delete lines 1 through 17, begin a new paragraph and insert:
"SECTION 1. IC 5-14-1.5-3.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3.3. (a) This section applies only
to a meeting of the governing body of an entity described in section
2(a)(2) or 2(a)(3) of this chapter.
(b) This section does not apply to a meeting of the governing
body of a school corporation or charter school.
(c) As used in this section, "attendee" means a member of the
public who is physically present at a meeting of a governing body.
(d) If a governing body allows attendees to speak on a topic at
a meeting, the governing body may designate:
(1) a period for taking public testimony that is:
(A) before or during the governing body's discussion or
consideration of the topic; and
(B) before the governing body takes final action on the
topic; and
(2) the amount of time allotted for attendees to speak on the
topic.
(e) A governing body may adopt reasonable rules or policies
governing the conduct of a meeting, including any of the following:
(1) Reasonable restrictions on the time allotted for attendees
to speak on a topic.
(2) Reasonable steps to maintain order during a meeting with
respect to attendees and the elected officials of the governing
body.
(3) A procedure for the presiding member of the governing
body to issue warnings to attendees who disrupt a meeting.
Subject to subsection (g), the procedure may provide that if
an attendee receives three (3) warnings, the presiding member
of the governing body may upon the issuing the third warning,
direct:
(A) the attendee to leave the meeting; and
(B) a law enforcement officer to remove the attendee from
the meeting, if the attendee refuses to leave when directed
by the presiding member.
(f) The governing body must notify attendees of any rules or
EH 1338—LS 7057/DI 149 12
policies that are adopted under this section by:
(1) posting the rules or policies in a visible area at the
entrance to the meeting location; or
(2) making an announcement of the rules or policies at the
meeting before taking oral public comment.
(g) Nothing in this section may be construed to prohibit a law
enforcement officer from immediately removing an attendee from
a meeting if:
(1) removal of the attendee is necessary to maintain order or
ensure the safety of another person;
(2) the attendee is particularly disruptive; or
(3) the attendee commits a criminal offense.
(h) IC 34-13-3-3(a)(8) applies to this section.".
Page 2, delete lines 1 through 40.
Page 5, line 6, delete "government building" and insert "property".
Page 5, line 12, delete "government building" and insert "property".
Page 5, line 14, delete "government agency;" and insert "owner or
operator of the property;".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1338 as introduced.)
MILLER D
Committee Vote: yeas 11, nays 0.
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1338 be amended to read as
follows:
Page 2, line 29, delete "person;" and insert "person; or".
Page 2, delete line 30.
Page 2, line 31, delete "(3)" and insert "(2)".
(Reference is to HB 1338 as printed January 16, 2024.)
CLERE
EH 1338—LS 7057/DI 149 13
HOUSE MOTION
Mr. Speaker: I move that House Bill 1338 be amended to read as
follows:
Page 4, delete lines 39 through 42, begin a new line block indented
and insert:
"(12) knowingly or intentionally:
(A) enters and refuses to leave an area of a property that
is marked as restricted;
(B) enters or refuses to leave an area of a property
designated as employee or authorized personnel only; or
(C) enters or refuses to leave an area of a property that is
locked or otherwise not accessible to the public;".
Page 5, delete lines 1 through 2.
(Reference is to HB 1338 as printed January 16, 2024.)
TORR
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Corrections and
Criminal Law, to which was referred House Bill No. 1338, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 2, line 13, after "upon" delete "the".
Page 2, line 18, delete "member." and insert "member for a
violation of the rules or policies governing the conduct of the
meeting as adopted by the governing body.".
Page 2, line 29, delete "or".
Page 2, line 30, delete "offense." and insert "offense; or
(3) the attendee violates the rules or policies governing the
conduct of the meeting as adopted by the governing body.".
Page 2, between lines 31 and 32, begin a new paragraph and insert:
"SECTION 2. IC 5-14-4-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. The governor shall
appoint a public access counselor for a term of four (4) years at a salary
to be fixed by the governor. The public access counselor shall serve
at the pleasure of the governor.
EH 1338—LS 7057/DI 149 14
SECTION 3. IC 5-14-4-7 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 7. The governor may remove the counselor for cause.
SECTION 4. IC 5-14-4-10.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 10.5. When issuing an advisory opinion, the public
access counselor shall consider only:
(1) the public access laws, as plainly written; and
(2) valid opinions of Indiana courts.".
Page 4, delete lines 38 through 42, begin a new line block indented
and insert:
"(12) knowingly or intentionally enters or refuses to leave an
area of a property that is locked or otherwise not accessible to
the public without permission or prior authorization or after
being asked to leave the area of a property by a law
enforcement officer or an employee or agent of the owner or
operator of the property;".
Page 5, delete lines 1 through 6.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1338 as reprinted January 19, 2024.)
FREEMAN, Chairperson
Committee Vote: Yeas 5, Nays 2.
_____
SENATE MOTION
Madam President: I move that Engrossed House Bill 1338 be
amended to read as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 5-14-1.5-2, AS AMENDED BY P.L.124-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. For the purposes of this chapter:
(a) "Public agency", except as provided in section 2.1 of this
chapter, means the following:
(1) Any board, commission, department, agency, authority, or
other entity, by whatever name designated, exercising a portion of
the executive, administrative, or legislative power of the state.
(2) Any county, township, school corporation, city, town, political
EH 1338—LS 7057/DI 149 15
subdivision, or other entity, by whatever name designated,
exercising in a limited geographical area the executive,
administrative, or legislative power of the state or a delegated
local governmental power.
(3) Any entity which is subject to either:
(A) budget review by either the department of local
government finance or the governing body of a county, city,
town, township, or school corporation; or
(B) audit by the state board of accounts that is required by
statute, rule, or regulation.
(4) Any building corporation of a political subdivision of the state
of Indiana that issues bonds for the purpose of constructing public
facilities.
(5) Any advisory commission, committee, or body created by
statute, ordinance, or executive order to advise the governing
body of a public agency, except medical staffs or the committees
of any such staff.
(6) The Indiana gaming commission established by IC 4-33,
including any department, division, or office of the commission.
(7) The Indiana horse racing commission established by IC 4-31,
including any department, division, or office of the commission.
(b) "Governing body" means two (2) or more individuals who are
any of the following:
(1) A public agency that:
(A) is a board, a commission, an authority, a council, a
committee, a body, or other entity; and
(B) takes official action on public business.
(2) The board, commission, council, or other body of a public
agency which takes official action upon public business.
(3) Any committee appointed directly by the governing body or
its presiding officer to which authority to take official action upon
public business has been delegated. However, the following do
not constitute a governing body for purposes of this chapter:
(A) An agent or agents appointed by the governing body to
conduct collective bargaining on behalf of the governing body.
does not constitute a governing body for purposes of this
chapter.
(B) A committee appointed directly by the governing body
or a designee of the governing body:
(i) for the sole purpose of receiving information,
deliberating, or making recommendations to the
governing body; and
EH 1338—LS 7057/DI 149 16
(ii) that has not more than one (1) member of the
governing body as a member.
(c) "Meeting" means a gathering of a majority of the governing body
of a public agency for the purpose of taking official action upon public
business. It does not include any of the following:
(1) Any social or chance gathering not intended to avoid this
chapter.
(2) Any on-site inspection of any:
(A) project;
(B) program; or
(C) facilities of applicants for incentives or assistance from the
governing body.
(3) Traveling to and attending meetings of organizations devoted
to betterment of government.
(4) A caucus.
(5) A gathering to discuss an industrial or a commercial prospect
that does not include a conclusion as to recommendations, policy,
decisions, or final action on the terms of a request or an offer of
public financial resources.
(6) An orientation of members of the governing body on their role
and responsibilities as public officials, but not for any other
official action.
(7) A gathering for the sole purpose of administering an oath of
office to an individual.
(8) Collective bargaining discussions that the governing body of
a school corporation engages in directly with bargaining
adversaries. This subdivision applies only to a governing body
that has not appointed an agent or agents to conduct collective
bargaining on behalf of the governing body as described in
subsection (b)(3).
(d) "Official action" means to:
(1) receive information;
(2) deliberate;
(3) make recommendations;
(4) establish policy;
(5) make decisions; or
(6) take final action.
(e) "Public business" means any function upon which the public
agency is empowered or authorized to take official action.
(f) "Executive session" means a meeting from which the public is
excluded, except the governing body may admit those persons
necessary to carry out its purpose. The governing body may also admit
EH 1338—LS 7057/DI 149 17
an individual who has been elected to the governing body but has not
been sworn in as a member of the governing body.
(g) "Final action" means a vote by the governing body on any
motion, proposal, resolution, rule, regulation, ordinance, or order.
(h) "Caucus" means a gathering of members of a political party or
coalition which is held for purposes of planning political strategy and
holding discussions designed to prepare the members for taking official
action.
(i) "Deliberate" means a discussion which may reasonably be
expected to result in official action (defined under subsection (d)(3),
(d)(4), (d)(5), or (d)(6)).
(j) "News media" means all newspapers qualified to receive legal
advertisements under IC 5-3-1, all news services (as defined in
IC 34-6-2-87), and all licensed commercial or public radio or television
stations.
(k) "Person" means an individual, a corporation, a limited liability
company, a partnership, an unincorporated association, or a
governmental entity.
(l) "State educational institution" has the meaning set forth in
IC 21-7-13-32.
(m) "Charter school" has the meaning set forth in IC 20-24-1-4).
The term includes a virtual charter school (as defined in
IC 20-24-1-10).".
Renumber all SECTIONS consecutively.
(Reference is to EHB 1338 as printed March 1, 2024.)
BALDWIN
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SENATE MOTION
Madam President: I move that Engrossed House Bill 1338 be
amended to read as follows:
Page 5, delete lines 13 through 18, begin a new line block indented
and insert:
"(12) knowingly or intentionally:
(A) without permission or prior authorization, enters an
area of property that is locked; or
(B) refuses to leave an area of a property that is otherwise
not accessible to the public, after being asked to leave the
EH 1338—LS 7057/DI 149 18
area of a property by a law enforcement officer or an
employee or agent of the owner or operator of the
property;".
(Reference is to EHB 1338 as printed March 1, 2024.)
FREEMAN
EH 1338—LS 7057/DI 149