LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 7057 NOTE PREPARED: Jan 22, 2024
BILL NUMBER: HB 1338 BILL AMENDED: Jan 18, 2024
SUBJECT: Security of Property and Meeting Decorum.
FIRST AUTHOR: Rep. Prescott BILL STATUS: As Passed House
FIRST SPONSOR: Sen. Raatz
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: The bill allows the governing bodies of certain local government agencies (local
agencies) to adopt rules or policies governing the conduct of meetings.
It provides that a rule or policy may provide that the presiding member of the 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.
The bill provides that the rules and policies must be posted at the meeting entrance or announced before
taking public testimony.
It 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.
The bill provides that a person who knowingly or intentionally enters or refuses to leave certain restricted
areas of a property commits the offense of criminal trespass.
Effective Date: July 1, 2024.
Explanation of State Expenditures:
Explanation of State Revenues: The bill broadens the definition of activities categorized as criminal
trespassing which is a Class A misdemeanor. If additional court cases occur and fines are collected, revenue
to both the Common School Fund and the state General Fund would increase. The maximum fine for a Class
HB 1338 1 A misdemeanor is $5,000. Criminal fines are deposited in the Common School Fund. The total fee revenue
per case would range between $113 and $135. The amount of court fees deposited will vary depending on
whether the case is filed in a court of record or a municipal court. The following linked document describes
the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases.
Explanation of Local Expenditures: The bill allows governing bodies to adopt rules or policies to inform
attendees of their rights and restrictions while speaking on an item at a meeting. If an attendee does not
comply with the rules or policies, the bill states the governing body can have the attendee removed if certain
conditions have been met. A law enforcement officer who removes an attendee is entitled to immunity under
IC 34-13-3-3.
A Class A misdemeanor is punishable by up to one year in jail. The average cost per day to incarcerate a
prisoner is approximately $64.53 based on the per diem payments reported by U.S. Marshals to house federal
prisoners in 11 county jails across Indiana during CY 2021.
Additional Information: Under IC 5-14-1.5(a)(2) and IC 5-14-1.5(a)(3) “governing body of an entity” means
the following:
(2) Any county, township, school corporation, city, town, political 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.
However, the bill excludes meetings of the governing bodies of school corporations or charter schools.
Explanation of Local Revenues: If additional court actions occur and a guilty verdict is entered, more
revenue will be collected by certain local units. If the case is filed in a court of record, the county general
fund will receive $47.40 and qualifying municipalities will receive a share of $3.60. If the case is filed in a
municipal court, the county receives $30, and the municipality will receive $46. The following linked
document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and
civil violation cases.
State Agencies Affected:
Local Agencies Affected: Trial courts, city and town courts. Counties; townships; cities; towns; political
subdivisions; local law enforcement agencies.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual
Fiscal Analyst: Jasmine Noel, 317-234-1360.
HB 1338 2