The Senate Corrections and Criminal Law Committee heard HB 1338 on the security of property and meeting decorum sponsored by Sens. Baldwin and Alexander. The bill authorizes governing bodies of certain local government agencies to adopt rules or policies governing the conduct of meetings and 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. It includes that a person who knowingly or intentionally enters or refuses to leave certain restricted areas of a property commits the offense of criminal trespass.
Four amendments were offered. Amendment #7 requires the public access counselor to, when issuing an advisory opinion, consider only the plain text of the public access laws and valid Indiana court opinions. This amendment passed, 5-3, with a roll call vote. Amendment #4 adds language providing that the public access counselor serves at the pleasure of the governor. The amendment was further amended to remove the fixed four-year term for the public access counselor. Amendment #4, as amended, was adopted by consent. Amendment #3 amending the definition of “official action” under the open door law failed to pass a roll call vote. Amendment #5 was not adopted.
Testimony was heard from the Indiana Public Defender Council in opposition to the bill. Testimony in support of the bill was heard from Accelerate Indiana Municipalities and the Association of Indiana Counties. The amended bill passed 5-2.
Read the bill at: https://iga.in.gov/legislative/2024/bills/house/1338