Indiana Governor signs bill limiting power of Indiana's public records expert

Limiting powers of appointed person

Indiana's Governor signed the final bill of the 2024 session into law on Monday that limits the powers of his own appointed expert on the state’s public records and open meeting laws.

The majority of House Enrolled Act 1338, of the bill focuses on disruptive conduct at public meetings. But toward the end of the legislative session, an admendent was tacked on requiring the public access counselor to only interpret the exact text of state laws or applicable court cases when issuing advisory opinions.

Holcomb said "he hoped lawmakers would have had more “robust” discussion about the access counselor amendment", .

"Concerns raised regarding the provisions affecting the Office of Public Access Counselor were taken into account but ultimately, in my opinion, muted by the fact that judicial review of the office’s decisions is left untouched and that the governor retains the ability to appoint the position in the future," the governor's statement reads.

Public Access:Lawmaker said HEPL open door opinion shows overreach of public records official

the public access counselor's job involves educating Hoosiers and government officials about Indiana’s public records and open meetings laws, but it also includes sharing advisory opinions if an individual submits a complaint to his office with questions about how a public agency handled state laws. The advisory opinions can indicate if a person or agency violated state laws but the documents themselves do not specifically have legal weight.

Holcomb in his first term vetoed a 2017 House bill that would have allowed a government agency to charge hourly fees for searching for public records. The House at the time unanimously voted to agree with the governor's veto.