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Indiana General Assembly
Senate Bill 0103


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Senate Bill 0103

ARCHIVE (2007)

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DIGEST OF SB 103 (Updated April 27, 2007 3:32 pm - DI 87)

Serial meetings and public access issues. Provides that, absent express statutory authorization, a member of the governing body of a public agency who is not physically present at a meeting but communicates with other members of the governing body during the meeting by an electronic means of communication may not participate in a final action taken at the meeting or be considered to be present at the meeting. Specifies the contents of the memoranda of a meeting that a member participates in by using an electronic means of communication. Allows the board of trustees (and a committee of the board) of a state educational institution, the Ivy Tech board of trustees (and a committee of the board), the board of trustees of Vincennes University (and a committee of the board), the governing body of a joint agency of a municipal utility program, and a board, committee, or commission administered by the Indiana professional licensing agency to conduct meetings by electronic means. Provides, with certain exceptions, that members of the governing body who participate in a series of gatherings either in person or by electronic means (excluding electronic mail) violate the open door law if: (1) one of the gatherings is attended by at least three members but less than a quorum of the members of the governing body and the other gatherings include at least two members of the governing body (for the city -county council of a consolidated city, one of the gatherings must be attended by at least five members and the other gatherings must include at least three members); (2) the total sum of different members attending all gatherings at least equals a quorum of the governing body; (3) all the gatherings concern the same subject matter and are held within a period of not more than seven consecutive days; and (4) the gatherings are held for the purpose of taking official action on public business. Excludes certain gatherings from the definition of "meeting" under the open door law. Provides that negotiations (in addition to "interviews" as provided in the current law) may be held in executive session between industrial or commercial prospects and the following: (1) The Indiana economic development corporation. (2) The Indiana finance authority. (3) An economic development commission. (4) A local economic development organization. (5) A governing body of a political subdivision. Exempts, at the discretion of the public agency, records from public access relating to negotiations between industrial, research, or commercial prospects and a local economic development organization or a governing body of a political subdivision. Requires the terms of a final offer of public financial resources communicated by a governing body of a political subdivision to be available for inspection and copying after negotiations have terminated. Exempts from the open door law and the access to public records law an entity that: (1) receives public funds through an agreement with the state, county, or municipality to provide services, goods, or other benefits in exchange for fees; and (2) is not required by statute, rule, or regulation to submit to an audit by the state board of accounts.
    Current Status:
     Law Enacted
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