Bill Text: IN HB1003 | 2012 | Regular Session | Introduced
Bill Title: Public access issues.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2012-03-19 - Signed by the Governor [HB1003 Detail]
Download: Indiana-2012-HB1003-Introduced.html
Citations Affected: IC 4-2-6-4.3; IC 4-12-1-10; IC 4-13.6-5-8;
IC 4-15-1.5-5; IC 4-23-28-5; IC 5-1.5-2-2.5; IC 5-2-6-16;
IC 5-10.5-3-9; IC 5-13-12; IC 5-14-1.5; IC 5-15-5.1-1; IC 5-31-4-8;
IC 9-27-7-6; IC 12-13-12-8; IC 21-9-4-5; IC 21-22-3-5; IC 21-25-3-8;
IC 21-27-2-2; IC 22-4-18.1-6.5; IC 25-1-14; IC 25-37.5-1;
IC 28-11-1-9.1; IC 31-26-6-13.
Synopsis: State agency issues. Allows a member of the governing
body of any public agency of the state to participate in a meeting of the
governing body by electronic communication only if: (1) the meeting
meets all other requirements of the open door law; and (2) a quorum of
the governing body adopts a policy regarding the use of meetings by
electronic communication. Provides that if a meeting by electronic
communication is conducted the governing body is required to: (1)
have at least two members physically present at the meeting place; and
(2) take only roll call votes. Provides that unless a policy adopted by
the governing body provides otherwise, a member who participates in
a meeting by electronic communication: (1) is considered to be present
at the meeting; (2) must be counted for purposes of establishing a
quorum; and (3) may vote at the meeting. Repeals the individual
statutory authorizations for the following state entities to have meetings
by electronic communication: (1) State ethics commission. (2) Indiana
bond bank board of directors. (3) Indiana public retirement system
board of trustees. (4) Board for depositories. (5) Health informatics
corporation board. (6) Education savings authority board of directors.
(7) State board of trustees or a committee of the state board of trustees
of Ivy Tech Community College of Indiana, Vincennes University, Ball
Effective: July 1, 2012; January 1, 2013.
January 6, 2012, read first time and referred to Committee on Government and Regulatory
Reform.
Digest Continued
State University, Indiana State University, Indiana University, Purdue
University, and University of Southern Indiana. (8) Commission for
higher education. (9) State workforce innovation council. (10) Boards,
committees, or commissions administered by the professional licensing
agency. (11) Department of financial institutions governing board. (12)
Regional services council. Changes the number of annual meetings the
following state entities are required to conduct: (1) The state budget
committee. (2) The state employees appeals commission. (3) The
commission on Hispanic/Latino affairs. (4) The board for depositories.
(5) The motorcycle safety advisory committee. (6) The commission on
the social status of black males. (7) The commission for a drug free
Indiana. Provides that a "record", for purposes of the provisions
concerning the state commission on public records, includes
electronically stored data. Eliminates a requirement that the public
works division of the department of administration solicit sealed bids
for public works projects by sending notices by mail and posting
notices on a bulletin board in the agency's office. Requires the state
police department to publish the following on the state police Internet
web site: (1) The forms to be used by valuable metal dealers when
purchasing valuable metal. (2) A list that describes valuable metal
products that are particularly susceptible to theft. (3) The statutes and
rules adopted by the superintendent of the state police department
concerning the regulation of valuable metal dealers.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
(b) The division shall solicit sealed bids by public notice inserted once each week for two (2) successive weeks before the final date of submitting bids in:
(1) one (1) newspaper of general circulation in Marion County, Indiana; and
(2) if any part of the project is located in an area outside Marion County, Indiana, one (1) newspaper of general circulation in that area.
The commissioner shall designate the newspapers for these publications. The commissioner may designate different newspapers according to the nature of the project and may direct that additional notices be published.
(c) The division shall also solicit sealed bids for public works projects by
computer gateway administered by the office of technology established
by IC 4-13.1-2-1 at least seven (7) days before the final date for
submitting bids for the public works project.
(b) The chairperson may designate subcommittees to meet between commission meetings and report back to the full commission.
(b) The commission for a drug free Indiana is established (referred to in this section as "commission"). The criminal justice institute may adopt rules under IC 4-22-2 to administer the commission. The commission must consist of twenty (20) members described under subsections (d) and (e) who have distinguished themselves in their respective fields and who have experience or an interest in attempting to eliminate alcohol and other drug abuse in Indiana.
(c) The commission's purpose is to improve the coordination of alcohol and other drug abuse efforts at both the state and local levels in an effort to eliminate duplication of efforts while ensuring that comprehensive alcohol and other drug programs are available throughout Indiana. The commission's responsibilities include the following:
(1) Establishing an interagency council on drugs to coordinate the alcohol and other drug education, prevention, treatment, and justice programming and funding responsibilities of state agencies, commissions, and boards including the approval of alcohol and other drug plans and funding applications by state agencies, commissions, and boards.
(2) Coordinating the collection of data concerning alcohol and other drug abuse and the needs, programming, and effectiveness of state supported programs and services.
(3) Maintaining a system of support to assist local coordinating councils with technical assistance, guidance, or direct funding resources.
(4) Continuing to assist the development of local coordinating councils to identify community drug programs, coordinate community initiatives, design comprehensive, collaborative community strategies, and monitor anti-drug activities at the local level.
(5) Establishing roles, responsibilities, and performance standards for the local coordinating councils.
(6) Recommending to the governor and general assembly long and short range goals, objectives, and strategies, including legislative proposals to be implemented on the state and local level to reduce drug abuse.
(7) Assisting local communities in the development of citizen based drug related crime control efforts.
(d) The commission must be comprised of the following voting members:
(1) The governor or the governor's designee.
(2) Fifteen (15) members appointed by the governor for a two (2) year term, who have experience or expertise in at least one (1) of the following areas:
(A) Family relations.
(B) Religion.
(C) Education.
(D) Civic or private organizations.
(E) Business.
(F) Media.
(G) Drug treatment.
(H) Medicine.
(I) Local government.
(J) Judiciary.
(K) Law enforcement.
(L) Self-help organizations.
(M) Youth.
(N) A representative of the interagency council against drugs established under subsection (c)(1).
(O) Labor.
(e) Four (4) members of the general assembly shall serve as nonvoting members of the commission. The president pro tempore of the senate shall appoint two (2) senators, both of whom may not be members of the same political party. The speaker of the house of representatives shall appoint two (2) representatives, both of whom may not be members of the same political party.
(f) The governor or the governor's designee shall serve as the chairman of the commission.
(g) The commission shall meet
(h) Eight (8) voting members of the commission constitute a quorum. The commission is not prohibited from conducting business as a result of a vacancy in the commission. In the case of a vacancy, a new appointee shall serve for the remainder of the unexpired term. A vacancy shall be filled from the same group that was represented by the outgoing member.
(i) All appointments of the commission's members are renewable.
(j) A member of the commission who is not a state employee is not
entitled to a minimum salary per diem provided by IC 4-10-11-2.1(b).
The member is, however, entitled to reimbursement for traveling
expenses and other expenses actually incurred in connection with the
member's duties, as provided in the state travel policies and procedures
established by the Indiana department of administration and approved
by the budget agency.
(k) A member of the commission who is a state employee is entitled
to reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
vacancy on the board that occurs after June 30, 2010. In making the
governor's two (2) appointments, the governor shall assure that no more
than two (2) of the four (4) appointees identify with the same political
party. For appointments after June 30, 2010, all four (4) appointed
members must be a chief executive officer or a chief financial officer
of a depository at the time of the appointment if the depository is
domiciled in Indiana. If the depository is not domiciled in Indiana, the
appointee must be the most senior corporate officer of the depository
with management or operational responsibility, or both, or the person
designated to manage public funds for the depository that is located in
Indiana. In making the governor's appointments, the governor shall
provide for geographic representation of all regions of Indiana,
including both urban and rural communities. In addition, the appointees
must, at the time of the appointment, be employed by the following
depositories:
(1) One (1) member appointed by the governor who must be the
chief executive officer or the chief financial officer of a
depository that is a state chartered credit union.
(2) One (1) member appointed by the governor who must be
employed by a depository that:
(A) is not a state chartered credit union; and
(B) has total deposits of less than two hundred fifty million
dollars ($250,000,000).
(3) The member appointed by the president pro tempore of the
senate must be employed by a depository that:
(A) is not a state chartered credit union; and
(B) has total deposits of at least two hundred fifty million
dollars ($250,000,000) but less than one billion dollars
($1,000,000,000).
(4) The member appointed by the speaker of the house of
representatives must be employed by a depository that:
(A) is not a state chartered credit union; and
(B) has total deposits of at least one billion dollars
($1,000,000,000).
Total deposits shall be determined using the depository's reported
deposits based on the information contained in the most recent June
30th FDIC Summary of Deposits, Market Share Selection for Indiana.
The term of an appointed member is four (4) years from the effective
date of the member's appointment. Each appointed member holds
office for the term of this appointment and serves after the expiration
of that appointment until the member's successor is appointed and
qualified. An appointed member may be reappointed if the individual
satisfies the requirements of this subsection at the time of the
reappointment. Any appointed member may be removed from office
by, and at the pleasure of, the appointing authority.
(b) The officers of the board consist of a chairman, a
secretary-investment manager, a vice chairman, and other officers the
board determines to be necessary. The governor shall name a member
of the board to serve as its chairman. The treasurer of state shall serve
as the secretary-investment manager of the board. The board, by
majority vote, shall elect the other officers. Officers, except the
secretary-investment manager, shall be named or elected for one (1)
year terms in January of each year. The members and officers of the
board are not entitled to any compensation for their services but are
entitled to reimbursement for actual and necessary expenses on the
same basis as state employees.
(c) Five (5) members of the board constitute a quorum for the
transaction of business, and all actions of the board must be approved
by at least a simple majority of those members voting on each
individual business issue. The board may adopt, amend, or repeal
bylaws and rules for the conduct of its meetings and the number and
times of its meetings. The board shall hold a regular meeting at least
once each calendar quarter semiannually and may hold other regular
and special meetings as prescribed in its rules. All meetings of the
board are open to the public under IC 5-14-1.5. However, the board
shall discuss the following in executive session:
(1) The financial strength of a particular financial institution.
(2) The collateral requirements of a particular financial
institution.
(3) Any other matters concerning a particular financial institution.
All records of the board are subject to public inspection under
IC 5-14-3. However, records regarding matters that are discussed in
executive session are confidential.
(d) Two (2) days notice of the time and place of all meetings to
determine and fix the assessment rate to be paid by depositories on
account of insurance on public funds or the establishment or
redetermination of the reserve for losses of the insurance fund shall be
given by one (1) publication in a newspaper of general circulation
printed and published in the city of Indianapolis. The time, place,
notice, and waiver requirements for the members of the board for all
meetings shall be determined by its rules. The secretary-investment
manager of the board shall enter its the board's proceedings at length
in a record provided for that purpose, and the records of the
proceedings shall be approved and signed respectively by the chairman
or vice chairman and attested by the secretary-investment manager.
(b) A secret ballot vote may not be taken at a meeting.
(c) A meeting conducted in compliance with
means of communication:
(1) may not participate in final action taken at the meeting unless
the member's participation is expressly authorized by statute; and
(2) may not be considered to be present at the meeting unless
considering the member to be present at the meeting is expressly
authorized by statute.
(e) The memoranda of a meeting prepared under section 4 of this
chapter that a member participates in by using a means of
communication described in subsection (d) must state the name of:
(1) each member who was physically present at the place where
the meeting was conducted;
(2) each member who participated in the meeting by using a
means of communication described in this section; and
(3) each member who was absent.
(b) A member of the governing body of a public agency who is not physically present at a meeting of the governing body but who communicates with members of the governing body during the meeting by telephone, computer, video conferencing, or any other electronic means of communication:
(1) may not participate in final action taken at the meeting unless the member's participation is expressly authorized by statute; and
(2) may not be considered to be present at the meeting unless considering the member to be present at the meeting is expressly authorized by statute.
(c) The memoranda prepared under section 4 of this chapter for a meeting in which a member participates by using a means of communication described in subsection (b) must state the name of:
(1) each member who was physically present at the place where the meeting was conducted;
(2) each member who participated in the meeting by using a means of communication described in subsection (b); and
(3) each member who was absent.
a body corporate and politic established as an instrumentality of
the state.
(b) A member of the governing body of a public agency who is
not physically present at a meeting of the governing body may
participate in a meeting of the governing body by electronic
communication only if the member uses a means of communication
that permits:
(1) the member;
(2) all other members participating in the meeting;
(3) all members of the public physically present at the place
where the meeting is conducted; and
(4) if the meeting is conducted under a policy adopted under
subsection (f)(7), all members of the public physically present
at any location at which a member participates by means of
electronic communication;
to simultaneously communicate with each other during the
meeting.
(c) The governing body must fulfill both of the following
requirements for a member of the governing body to participate in
a meeting by electronic communication:
(1) At least two (2) members of the governing body of a public
agency must be physically present at the place where the
meeting is conducted.
(2) All votes of the governing body during the electronic
meeting must be taken by roll call vote.
(d) Unless a policy adopted by a governing body under
subsection (f) provides otherwise, a member who participates in a
meeting by electronic communication:
(1) is considered to be present at the meeting;
(2) shall be counted for purposes of establishing a quorum;
and
(3) may vote at the meeting.
(e) A governing body may not conduct meetings using a means
of electronic communication until the governing body:
(1) meets all requirements of this chapter; and
(2) by a vote of at least a quorum of the members, adopts a
policy under subsection (f) governing participation in
meetings of the governing body by electronic communication.
(f) A policy adopted by a governing body to govern participation
in the governing body's meetings by electronic communication may
do any of the following:
(1) Require a member to request authorization to participate
in a meeting of the governing body by electronic
communication within a certain number of days before the
meeting to allow for arrangements to be made for the
member's participation by electronic communication.
(2) Subject to subsection (d), limit the number of members
who may participate in any one (1) meeting by electronic
communication.
(3) Limit the total number of meetings that the governing
body may conduct in a calendar year by electronic
communication.
(4) Limit the number of meetings in a calendar year in which
any one (1) member of the governing body may participate by
electronic communication.
(5) Provide that a member who participates in a meeting by
electronic communication may not cast the deciding vote on
any official action.
(6) Require a member participating in a meeting by electronic
communication to confirm in writing the votes cast by the
member during the meeting within a certain number of days
after the date of the meeting.
(7) Provide that in addition to the location where the meeting
is conducted, the public may also attend the meeting at any
location at which a member participates by electronic
communication. If the governing body's policy includes this
provision, a meeting notice must provide the following
information:
(A) The identity of each member who will participate in
the meeting by electronic communication and the location,
address, and telephone number of the site where the
member will participate by electronic communication.
(B) A statement that each site where a member is present
for the meeting must be open and accessible to the public.
(8) Require at least a quorum of members to be physically
present at the location where the meeting is conducted.
(9) Provide that a member participating by electronic
communication may vote on official action only if, subject to
subsection (d), a specified number of members:
(A) are physically present at the location where the
meeting is conducted; and
(B) concur in the official action.
(10) Establish any other procedures, limitations, or conditions
that govern participation in meetings of the governing body
by electronic communication and are not in conflict with this
chapter.
(b) As the meeting progresses, the following memoranda shall be kept:
(1) The date, time, and place of the meeting.
(2) The members of the governing body recorded as either present or absent.
(3) The general substance of all matters proposed, discussed, or decided.
(4) A record of all votes taken by individual members if there is a roll call.
(5) Any additional information required under
(c) The memoranda are to be available within a reasonable period of time after the meeting for the purpose of informing the public of the governing body's proceedings. The minutes, if any, are to be open for public inspection and copying.
"Commission" means the commission on public records created by this chapter.
"Record" means all documentation of the informational, communicative or decisionmaking processes of state government, its agencies and subdivisions made or received by any agency of state government or its employees in connection with the transaction of public business or government functions, which documentation is created, received, retained, maintained, or filed by that agency or its successors as evidence of its activities or because of the informational value of the data in the documentation, and which is:
(1) generated on:
(2) electronically stored data.
"Nonrecord materials" means all identical copies of forms, records, reference books, and exhibit materials which are made, or acquired, and preserved solely for reference use, exhibition purposes, or publication and which are not included within the definition of record.
"Personal records" means:
(1) all documentary materials of a private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of a public official, including: diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting government business; or
(2) materials relating to private political associations, and having no relation to or effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of a public official and are not deemed public records.
"Form" means every piece of paper, transparent plate, or film containing information, printed, generated, or reproduced by whatever means, with blank spaces left for the entry of additional information to be used in any transaction involving the state.
"Agency" means any state office, department, division, board, bureau, commission, authority, or other separate unit of state government established by the constitution, law, or by executive or legislative order.
"Public official" means an individual holding a state office created by the Constitution of Indiana, by act or resolution of the general assembly, or by the governor; all officers of the executive and administrative branch of state government; and all other officers, heads, presidents, or chairmen of agencies of state government.
"Indiana state archives" means the program maintained by the commission for the preservation of those records and other government papers that have been determined by the commission to have sufficient permanent values to warrant their continued preservation by the state.
"Forms management" means the program maintained by the commission to provide continuity of forms design procedures from the form's origin up to its completion as a record by determining the form's size, style, and size of type; format; type of construction; number of
plies; quality, weight, and type of paper and carbon; and by
determining the use of the form for data entry as well as the
distribution.
"Information management" means the program maintained by the
commission for the application of management techniques to the
purchase, creation, utilization, maintenance, retention, preservation,
and disposal of forms and records undertaken to improve efficiency and
reduce costs of recordkeeping; including management of filing and
microfilming equipment and supplies, filing and information retrieval
systems, files, correspondence, reports and forms management,
historical documentation, micrographic retention programming, and
critical records protection.
"Records center" means a program maintained by the commission
primarily for the storage, processing, retrieving, servicing, and security
of government records that must be retained for varying periods of time
but should not be maintained in an agency's office equipment or space.
"Critical records" means records necessary to resume or continue
governmental operations, the reestablishing of the legal and financial
responsibilities of government in the state, or to protect and fulfill
governmental obligations to the citizens of the state.
"Retention schedule" means a set of instructions prescribing how
long, where, and in what form a record series shall be kept.
"Records series" means documents or records that are filed in a
unified arrangement, and having similar physical characteristics or
relating to a similar function or activity.
"Records coordinator" means a person designated by an agency to
serve as an information liaison person between the agency and the
commission.
the meeting was conducted;
(2) each member who participated in the meeting using a means
of communication described in subsection (b); and
(3) each member who was absent.
(b) The committee shall meet at least once quarterly.
(1) the transaction of business at a meeting of the board; or
(2) the exercise of a power or function of the authority.
(1) resolution at any regular or special meeting; or
(2) unanimous consent of all the members who have not abstained.
A resolution takes effect immediately upon adoption and need not be published or posted.
(1) The name and address of the dealer.
(2) The date and place of each purchase.
(3) The name, address, age, and driver's license number or Social Security number of the person or persons from whom the valuable metal was purchased.
(4) The valuable metal dealer shall verify the identity of the person from whom the valuable metal was purchased by use of a government issued photographic identification. The dealer shall enter on the form the type of government issued photographic identification used to verify the identity of the person from whom the valuable metal was purchased, together with the:
(A) name of the government agency that issued the photographic identification; and
(B) identification number present on the government issued photographic identification.
(5) The motor vehicle license number of the vehicle or conveyance on which the valuable metal was delivered to the dealer.
(6) The price paid for the metal.
(7) A description and weight of the valuable metal purchased.
(8) The source of the valuable metal.
(9) The photograph described in subsection (b).
After entering the information required in this subsection, the valuable metal dealer shall require the person or persons from whom the valuable metal is purchased to sign the form and verify its accuracy.
(b) In addition to collecting the information described in subsection (a), a valuable metal dealer shall take a photograph of:
(1) the person from whom the valuable metal is being purchased; and
(2) the valuable metal.
(c) A valuable metal dealer shall make and retain a copy of the government issued photographic identification described under subsection (a)(4) used to verify the identity of the person from whom valuable metal was purchased and the photograph described in subsection (b). However, a valuable metal dealer is not required to make a copy of a government issued photographic identification used under subsection (a)(4) to verify the identity of the person from whom valuable metal is purchased if the valuable metal dealer has retained a copy of a person's government issued photographic identification from a prior purchase from the person by the valuable metal dealer.
(d) The completed form, the photograph described in subsection (b), and the copy of the government issued photographic identification described in subsection (c) shall be kept in a separate book or register by the dealer and shall be retained for a period of two (2) years. This book or register shall be made available for inspection by any law enforcement official at any time.
(e) A valuable metal dealer may not accept a damaged or an
undamaged metal beer keg if either of the following applies:
(1) The keg is clearly marked as the property of a brewery
manufacturer.
(2) The keg's identification markings have been made illegible.
(1) The forms described in section 2(a) of this chapter to be used by valuable metal dealers when purchasing valuable metal.
(2) A list that describes valuable metal products that are particularly susceptible to theft.
(3) The:
(A) statutes; and
(B) rules adopted by the superintendent of the state police department under section 3 of this chapter;
concerning the regulation of valuable metal dealers.
may act as a voting member on official action only if that official action
is voted upon by at least four (4) members of the board physically
present at the place where the meeting is conducted.
(e) The memoranda of the meeting prepared under IC 5-14-1.5-4
must state the name of each member who:
(1) was physically present at the place where the meeting was
conducted;
(2) participated in the meeting by using a means of
communication described in subsection (b); and
(3) was absent.
(f) A member who participates in a meeting under subsection (b)
may not cast the deciding vote on any official action.
