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: Mar 5, 2024 BILL NUMBER: HB 1338 BILL AMENDED: Mar 4, 2024 SUBJECT: Security of Property and Meeting Decorum. FIRST AUTHOR: Rep. Prescott BILL STATUS: As Passed Senate FIRST SPONSOR: Sen. Baldwin 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 also 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. It 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. The bill 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 HB 1338 1 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. Effective Date: July 1, 2024. Explanation of State Expenditures: The bill eliminates the fixed term for the Public Access Counselor and states the Public Access Counselor serves at the pleasure Governor. The Public Access Counselor can implement the provisions in the bill within existing resources. 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 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: Public Assess Counselor. HB 1338 2 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 3