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HB 1338 IN
Became Law

Security of property and meeting decorum.

IN · session 2024 · Assembly / House · bill

A state bill is a proposed law in a state legislature — separate from the U.S. Congress. Learn more →

Introduced Jan 10, 2024

Latest action (Mar 18, 2024) Signed by the President of the Senate

Summary

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 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.

Sponsors (4)

3 coauthors / cosponsors

Action history (32)

  1. Jan 10, 2024 First reading: referred to Committee on Government and Regulatory Reform · lower
  2. Jan 10, 2024 Authored by Representative Prescott · lower
  3. Jan 16, 2024 Committee report: amend do pass, adopted · lower
  4. Jan 18, 2024 Amendment #1 (Clere) prevailed; voice vote · lower
  5. Jan 18, 2024 Second reading: amended, ordered engrossed · lower
  6. Jan 18, 2024 Representative Meltzer J added as coauthor · lower
  7. Jan 18, 2024 Amendment #2 (Torr) prevailed; voice vote · lower
  8. Jan 22, 2024 Third reading: passed; Roll Call 24: yeas 77, nays 19 · lower
  9. Jan 22, 2024 Senate sponsors: Senators Raatz and Alexander · lower
  10. Jan 22, 2024 Representatives Pressel and Campbell added as coauthors · lower
  11. Jan 23, 2024 Referred to the Senate · lower
  12. Feb 5, 2024 First reading: referred to Committee on Corrections and Criminal Law · upper
  13. Feb 22, 2024 Senator Raatz removed as sponsor · upper
  14. Feb 22, 2024 Senator Baldwin added as sponsor · upper
  15. Feb 27, 2024 Senator Raatz added as third sponsor · upper
  16. Feb 29, 2024 Committee report: amend do pass, adopted · upper
  17. Mar 4, 2024 Second reading: amended, ordered engrossed · upper
  18. Mar 4, 2024 Amendment #1 (Pol) failed; voice vote · upper
  19. Mar 4, 2024 Amendment #2 (Pol) failed; voice vote · upper
  20. Mar 4, 2024 Amendment #3 (Freeman) prevailed; voice vote · upper
  21. Mar 4, 2024 Amendment #5 (Baldwin) prevailed; voice vote · upper
  22. Mar 5, 2024 Third reading: passed; Roll Call 286: yeas 40, nays 8 · upper
  23. Mar 5, 2024 Representative Campbell removed as coauthor · lower
  24. Mar 5, 2024 Representative Miller D added as coauthor · lower
  25. Mar 5, 2024 Returned to the House with amendments · upper
  26. Mar 6, 2024 Motion to concur filed · lower
  27. Mar 6, 2024 House concurred in Senate amendments; Roll Call 302: yeas 58, nays 36 · lower
  28. Mar 18, 2024 Public Law 171 · lower
  29. Mar 11, 2024 Signed by the President Pro Tempore · upper
  30. Mar 11, 2024 Signed by the Speaker · lower
  31. Mar 18, 2024 Signed by the Governor · executive
  32. Mar 12, 2024 Signed by the President of the Senate · upper
Subjects
AGENCIES; Public Access Counselor (PAC)CIVIL LAW AND PROCEDURE; Immunity and Exemption from LiabilityCRIMINAL LAW AND PROCEDURE; Offenses Against Public Health, Order, and DecencyLAW ENFORCEMENT; GenerallyLOCAL GOVERNMENT; GenerallyPUBLIC HEARINGS AND MEETINGS

Text versions (6)

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

  • Enrolled House Bill (H) · PDF
  • Engrossed House Bill (H) · PDF
  • House Bill (S) · PDF
  • Engrossed House Bill (S) · PDF
  • House Bill (H) · PDF
  • Introduced House Bill (H) · PDF

Full text

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