Bill Text: IN HB1052 | 2013 | Regular Session | Enrolled
Bill Title: Electronic meetings.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2013-05-13 - Public Law 62 [HB1052 Detail]
Download: Indiana-2013-HB1052-Enrolled.html
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AN ACT to amend the Indiana Code concerning state and local administration.
(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 (g)(7), all members of the public physically present at a public 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) This subdivision does not apply to committees appointed by
a board of trustees of a state educational institution or by the
commission for higher education. The minimum number of
members who must be physically present at the place where the
meeting is conducted must be the greater of:
(A) two (2) of the members; or
(B) one-third (1/3) of the members.
(2) All votes of the governing body during the electronic meeting
must be taken by roll call vote.
Nothing in this section affects the public's right under this chapter to
attend a meeting of the governing body at the place where the meeting
is conducted and the minimum number of members is physically
present as provided for in subdivision (1).
(d) Each member of the governing body is required to physically
attend at least one (1) meeting of the governing body annually.
(e) Unless a policy adopted by a governing body under subsection
(g) 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.
(f) 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 favorable vote of a majority of the members of the
governing body, adopts a policy under subsection (g) governing
participation in meetings of the governing body by electronic
communication.
(g) 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 (e), 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 a meeting is
conducted, the public may also attend some or all meetings of the
governing body, excluding executive sessions, at a public place
or public places at which a member is physically present and
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 be physically
present at a public place and participate in the meeting by
electronic communication.
(B) The address and telephone number of each public place
where a member will be physically present and participate by
electronic communication.
(C) Unless the meeting is an executive session, a statement
that a location described in clause (B) will 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 (e), 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.
(h) The policy adopted by the governing body must be posted on the
Internet web site of the governing body or the public agency.
(i) Nothing in this section affects a public agency's right to exclude
the public from an executive session in which a member participates by
electronic communication.
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