Compiled by the Hoosier State Press Association to note bills that impact the public’s right to know (generally embodied in the Open Door Law, Access to Public Records Act and Public Notice Advertising law) and the Freedom of the Press.
Follow the progress of the bills at iga.in.gov.
Open Door Law
H.B. 1116 – Authored by Rep. Mike Karickhoff, R-Kokomo, who wants to give governing bodies the ability to discuss strategy when considering the sale or leasing of public property behind closed doors. (Current law allows an executive session when a government unit is considering the purchase or lease of private party.)
HSPA’s concern was whether this would allow for a consensus reached in an executive session that could be executed in a public meeting without the public having any advance warning of the sale or lease of that public land. HSPA worked with Accelerate Indiana Municipalities (AIM) on an amendment that answered that concern.
This bill was passed by the House Committee on Government and Regulatory Affairs, chaired by Rep. Kevin Mahan, R-Hartford City, and by the House, 98-0. Rep. Mahan and Rep. Cherrish Pryor, D-Indianapolis, joined as co-authors.
Sens. John Ruckelshaus, R-Indianapolis, and David Niezgodski, D-South Bend, will be the Senate sponsors.
HSPA supports H.B. 1116.
Access to Public Records Act
H.B. 1629 – This education-related bill contains a provision that would make emails between staff members of schools or charter schools exempt from the state’s Access to Public Records Act. This would be unprecedented to make a record secret based on its form, rather than content.
HSPA attempting to talk to bill’s author, Rep. Bob Behning, R-Indianapolis, to determine the goal of this language. The bill is assigned to House Committee on Education, chaired by Rep. Behning.
HSPA opposes the provision’s inclusion in this bill.
S.B. 551 – This bill concerning victims of criminal acts was amended and passed in the Senate Committee on Corrections and Criminal Law, chaired by Sen. Michael Young, R-Indianapolis, at the request of David Powell of the Indiana Prosecuting Attorneys Council. The change would keep secret records of near fatality incidents involving children through “criminal prosecution.”
HSPA has raised the concern how that could keep information secret for years. Powell and bill author Sen. Mark Messmer, R-Jasper, have indicated a willingness to clarify the change. Powell’s concern is information make public prior to a trial could result in a change of venue or bringing jurors in from outside the county to ensure a fair trial. He didn’t intend for the language to keep the records secret once a trial has started.
HSPA will work for an amendment.
H.B. 1651 – This bill concerns the judicial evaluations of individuals as dangerous, which results in the confiscation of any firearms possessed by that person. It includes a requirement that the office of judicial administration collect data on these evaluations and make a report to the legislature. HSPA has questioned author Rep. Donna Schaibley about language making the data collected confidential. She indicated a willingness to discuss a possible amendment.
The bill was passed by the House Committee on Courts and Criminal Code. The House passed the bill 87-2.
HSPA will seek an amendment to this bill.
H.B. 1375 – This bill concerns audits by the state Board of Accounts. Part of the language erases the impact of an opinion by the state’s Public Access Counselor Luke Britt that extended the scope of the Open Door Law and Access to Public Records Act to local economic development corporations that had been subjected to a SBOA audit.
The bill’s author Rep. Matt Lehman, R-Berne, explained that the language returns the status of the local economic development corporations in relation to the state’s public access laws to the legislature’s original intent. The belief is these entities need the ability to meet behind closed doors to successfully negotiate with businesses considering relocation to Indiana.
The bill was approved by the House Committee on Government and Regulatory Reform, chaired by Rep. Kevin Mahan, R-Hartford City. The House approved the bill 94-0.
HSPA is neutral on this bill as Rep. Lehman’s contention on legislative intent is correct.
H.B. 1062 – Authored by Rep. Dan Leonard, R-Huntington, this bill concerns unemployment compensation matters. HSPA is trying to determine whether one section of the bill restricts public access to information or makes it more accessible.
The bill was passed by the House Committee on Employment, Labor and Pensions, chaired by Rep. Heath VanNatter, R-Kokomo. The House approved the bill 63-21.
HSPA may seek an amendment once it clarifies the impact of the language.
H.B. 1196 – The bill concerns regulation of horse racing. HSPA has a concern as to what information concerning individuals licensed by the Racing Commission will be available. Mike Smith, executive director of the Indiana Horse Racing Commission, said the intent is to mirror the statute concerning licenses issued by the Gaming Commission. The bill is authored by Rep. Bob Cherry, R-Greenfield.
The bill was approved by the House Committee on Public Policy, chaired by Rep. Ben Smaltz, R-Auburn. The House approved the bill 94-0.
HSPA may seek an amendment to accomplish the intent.
H.B. 1447 – Authored by Rep. Woody Burton, R-Whiteland, this bill concerns banking regulations. One section delegates certain regulatory actions to an NMLSR (Nationwide Mortgage Licensing System and Registry) entity. HSPA was concerned that this might create a situation where information now publicly available would be made secret if the NMLSR was not considered a public agency.
HSPA talked to Rep. Burton and Tom Fite, director of the Department of Financial Institutions, who assured HSPA that the language mirrored existing language and that information would remain accessible to the public.
The bill was approved by the House Committee on Financial Institutions, chaired by Rep. Burton. The House approved the bill 93-0.
Confirming Fite’s contention, HSPA would have no position on this bill.
S.B. 278 – This bill concerns the statewide Infant Fatality Review Committee. HSPA raised a concern with bill author Sen. Jean Leising, R-Oldenburg, about a section that would impact public access to information. HSPA was told the section in question was to be deleted through an amendment.
The bill was amended and approved by the Senate Committee on Health and Provider Services, chaired by Sen. Ed Charbonneau, R-Valparaiso. The Senate approved the bill 49-0.
With the deletion, HSPA would have no position on the bill.
H.B. 1325 – This bill makes changes to Indiana law to remove stigma associated with persons having HIV. HSPA is concerned though with language that would seal all criminal cases where person is accused of trying to transmit communicable diseases to others.
HSPA testified before the House Committee on Public Health, chaired by Rep. Cindy Kirchhofer, R-Beech Grove, to express its concern. Rep. Clere volunteered to work with HSPA on an amendment. Bill was held by the chairman after testimony.
With an amendment, HSPA would have no position on this bill.
H.B. 1340 – This bill would allow the installation of cameras on school buses to catch motorists who ignore the traffic stop arm and endanger the lives of students. It contained a provision declaring the video to not be a public record. HSPA talked to bill author Rep. Jim Pressel, R-Rolling Prairie, to determine his intent, which is to make the videos confidential unless they are entered as evidence in a court proceeding. HSPA has submitted a potential amendment to satisfy his concern.
Rep. Pressel indicated the language may end up in S.B. 2, authored by Sen. Randy Head, R-Logansport.
With amendment, HSPA would have no position on this bill.
H.B. 1369 – This bill concerns assisted reproduction and gestational surrogacy. One provision allows for civil lawsuits to resolve disputes arising from contracts for surrogacy. HSPA testified as to its concern that the language would make seal the records creating a set of secret lawsuits during the bill’s hearing before the House Committee on the Judiciary, chaired by Rep. Jerry Torr, R-Carmel.
The bill’s author, Rep. Sean Eberhart, R-Shelbyville, agreed to work on an amendment to limit the secrecy involved in the lawsuits.
With an amendment, HSPA would have no position on this bill.
S.B. 33 – This bill concerns addiction recovery centers. It includes a requirement for the centers to report certain information, but requires the information collected to be kept secret. HSPA has questioned the breadth of confidentiality with bill author Sen. Jim Merritt, R-Indianapolis. Sen. Merritt indicated he thought an amendment could be reached with HSPA.
The bill was passed by the Senate Committee on Health and Provider Services, chaired by Sen. Ed Charbonneau, R-Valparaiso. The House approved it 49-0.
HSPA will attempt to get an amendment.
Public Notice Advertising Law
H.B. 1212 – This bill would eliminate the publication of notices of sheriff’s sales (mortgage foreclosures). Posting on county’s and/or sheriff’s website would be replacement. Author is Rep. Wendy McNamara, R-Evansville.
This bill favors the industry surrounding the foreclosure of homes to the detriment of those who find themselves in financial straits and it hurts newspapers from a revenue standpoint.
The information would be removed from Indiana newspapers, read by 3 million Hoosiers at least once a week to sheriffs’ websites infrequently visited, if at all, by most citizens.
The House Committee on Financial Institutions, chaired by Rep. Woody Burton, R-Whiteland, passed the bill, 7-3, and the House approved it 62-34.
Co-authors were Reps. Kevin Mahan, R-Hartford City, Dan Forestal, D-Indianapolis, and Jim Pressel, R-Rolling Prairie.
Sen. Andrew Zay, R-Huntington, will be the Senate sponsor.
HSPA opposes this bill.
S.B. 435 – Would eliminate the publication of public notice advertising for local government units in Indiana. Posting on the Internet would be the replacement. Author is Sen. Andrew Zay, R-Huntington.
This would take information the legislature said was important to share with Hoosiers out of their hands and onto government websites where no one would know to look for them. A scientific survey found that Hoosiers would be 60 percent less likely to see these notices on government websites compared to their local newspapers.
This bill has been assigned to the Senate Committee on Local Government, chaired by Sen. Jim Buck, R-Kokomo
HSPA opposes this bill.
S.B. 313 – Would eliminate the publication of the annual fiscal report by townships. Authored by Rep. Rick Niemeyer, R-Lowell, who said his intent was to eliminate the list of all disbursements contained in Part 3B of the report, not the entire publication.
HSPA working on a compromise concerning the list of disbursements, which is a requirement that no other government units must publish.
Bill has been assigned to Senate Committee on Local Government, chaired by Sen. Jim Buck, R-Kokomo.
HSPA opposes unless amendment agreed upon.
H.B. 1400 – Authored by Rep. Tony Cook R-Cicero, this bill eliminates numerous requirements for school districts in 2020 while keeping open the possibility that the legislature will maintain these mandates with legislation in the next General Assembly following a summer interim committee to evaluate the value of each requirement. Among the items eliminated would be the requirement that school districts create an annual financial report and publish it in their local newspapers.
HSPA testified against the elimination of the annual financial report and its publication. HSPA executive director and general counsel Steve Key, noted the tactic of eliminating requirements two years out with the chance to preserve is a legislative slight of hand because bills are much harder to pass than defeat.
The House Committee on Education, chaired by Rep. Bob Behning, R-Indianapolis, approved this bill. The amendment assigns the numerous requirements to interim study committees over several years without the elimination of those requirements. Co-authors are Reps. Behning, Vernon Smith, D-Gary, and Ed Clere, R-New Albany.
The House approved this bill 94-0.
With the amendment, HSPA no longer opposes this bill.
H.B. 1427 – Authored by Rep. Dan Leonard, R-Huntington, this bill appeared to eliminate the publication of a notice that budgets, tax rates or tax levies have been modified and informs Hoosiers of how they could initiate an appeal of any modification.
HSPA talked to Rep. Leonard and Dan Shackle, general counsel of the Department of Local Government Finance, who explained that the notice of tax rates will continue to be published per I.C. 6-1.1-22-4.
This bill is under consideration by the House Committee on Ways and Means, chaired by Rep. Tim Brown, R-Crawfordsville.
HSPA no longer lists H.B. 1427 as a concern.
First Amendment/Freedom of the Press
H.B. 1213 – This bill would give student journalists in high schools and universities stronger protections to exercise their freedom of the press, rolling back the Hazelwood decision that allows for overly broad censorship by school officials. Author is Rep. Ed Clere, R-New Albany and Rep. Ed Delaney, D-Indianapolis.
This bill was assigned to the House Committee on Education, chaired by Rep. Bob Behning, R-Indianapolis.
Rep. Behning gave similar bills a hearing during the last two sessions and the Education Committee passed those bills, also authored by Rep. Clere. Two years ago, the student press freedom bill died in the Senate with an unsuccessful floor vote. Last year, the legislation died on the House for with an unsuccessful floor vote.
Behning decided this week not to give the bill a hearing during this session.
S.B. 240 – This bill outlines the crime of intimidation and extortion. HSPA is concerned language may capture lawful acts that fit the elements laid out for these crimes. Author is Rep. Aaron Freeman, R-Indianapolis.
Attorneys for the Reporter’s Committee on Freedom of the Press and American Civil Liberties Union have shared similar concerns.
This bill was amended and passed by the Senate Committee on Corrections and Criminal Law, chaired by Sen. Michael Young, R-Indianapolis.
HSPA may seek an amendment after reviewing new version.
