January 7, 2003, read first time and referred to Committee on Labor and Employment.
February 17, 2003, reported _ Do Pass.
February 20, 2003, read second time, ordered engrossed. Engrossed.
February 24, 2003, read third time, passed. Yeas 94, nays 2.
SENATE ACTION
February 27, 2003, read first time and referred to Committee on Pensions and Labor.
March 24, 2003, reported favorably _ Do Pass.
March 25, 2003
First Regular Session 113th General Assembly (2003)
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
this style type.
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
this style type reconciles conflicts
between statutes enacted by the 2002 Regular or Special Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1078
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-14-1.5-2; (03)EH1078.1.1. -->
SECTION 1.
IC 5-14-1.5-2
, AS AMENDED BY P.L.90-2002,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 2. For the purposes of this chapter:
(a) "Public agency" means the following:
(1) Any board, commission, department, agency, authority, or
other entity, by whatever name designated, exercising a portion of
the executive, administrative, or legislative power of the state.
(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.
(4) Any building corporation of a political subdivision of the state
of Indiana that issues bonds for the purpose of constructing public
facilities.
(5) Any advisory commission, committee, or body created by
statute, ordinance, or executive order to advise the governing
body of a public agency, except medical staffs or the committees
of any such staff.
(6) The Indiana gaming commission established by IC 4-33,
including any department, division, or office of the commission.
(7) The Indiana horse racing commission established by IC 4-31,
including any department, division, or office of the commission.
(b) "Governing body" means two (2) or more individuals who are:
(1) a public agency that:
(A) is a board, a commission, an authority, a council, a
committee, a body, or other entity; and
(B) takes official action on public business;
(2) the board, commission, council, or other body of a public
agency which takes official action upon public business; or
(3) any committee appointed directly by the governing body or its
presiding officer to which authority to take official action upon
public business has been delegated. An agent or agents appointed
by
a school corporation the governing body to conduct collective
bargaining on behalf of
that school corporation the governing
body does not constitute a governing body for purposes of this
chapter.
(c) "Meeting" means a gathering of a majority of the governing body
of a public agency for the purpose of taking official action upon public
business. It does not include:
(1) any social or chance gathering not intended to avoid this
chapter;
(2) any on-site inspection of any project or program;
(3) traveling to and attending meetings of organizations devoted
to betterment of government; or
(4) a caucus.
(d) "Official action" means to:
(1) receive information;
(2) deliberate;
(3) make recommendations;
(4) establish policy;
(5) make decisions; or
(6) take final action.
(e) "Public business" means any function upon which the public
agency is empowered or authorized to take official action.
(f) "Executive session" means a meeting from which the public is
excluded, except the governing body may admit those persons
necessary to carry out its purpose.
(g) "Final action" means a vote by the governing body on any
motion, proposal, resolution, rule, regulation, ordinance, or order.
(h) "Caucus" means a gathering of members of a political party or
coalition which is held for purposes of planning political strategy and
holding discussions designed to prepare the members for taking official
action.
(i) "Deliberate" means a discussion which may reasonably be
expected to result in official action (defined under subsection (d)(3),
(d)(4), (d)(5), or (d)(6)).
(j) "News media" means all newspapers qualified to receive legal
advertisements under
IC 5-3-1
, all news services (as defined in
IC 34-6-2-87
), and all licensed commercial or public radio or television
stations.
(k) "Person" means an individual, a corporation, a limited liability
company, a partnership, an unincorporated association, or a
governmental entity.