The Indiana Publisher

Page 2 September 2021 HSPA Board of Directors HSPA Foundation Board Members Alan Achkar, South Bend Tribune Bill Hackney, e La Porte County Herald-Dispatch (Michigan City) and e Rochester Sentinel Don Hurd, Hoosier Media Group Gillian Kelk, Sullivan Daily Times Brenda McLane, Hometown Media Group Mark Miller, e News-Banner (Bluon) Kathy Tretter, Ferdinand News and Spencer County Leader (Rockport) HSPA Board Members Nathan Feltman, Indianapolis Business Journal Bud Hunt, AIM Media Indiana Beverly Joyce, CNHI Curt Kovener, e Crothersville Times Robert Shegog, Indianapolis Recorder Scott Stanford, Fort Wayne Newspapers Chris White, e Times Media Co. HSPA Board of Directors HSPA Officers President: Larry Hensley, e Hoosier Times HSPA Foundation Board of Directors HSPA Foundation Officers President: Robyn McCloskey, CNHI HSPA Staff Steve Key, executive director, general counsel skey@hspa.com (317) 624-4427 Pamela Lego, advertising director plego@hspa.com (812) 350-7711 Shawn Goldsby, statewide advertising manager sgoldsby@hspa.com (317) 803-4772 Ruth Witmer, communications specialist news@hspa.com (317) 624-4430 • Distribution through an entity independent of the gov- ernment to avoid corruption of the process. Following are pieces of the 2022 public notice legislative proposal we expect to present to the caucus leaders in the next couple of months. Print cost savings Government entities would be charged only for one pub- lication even when statute requires publication multiple times. Pauper plaintiffs who need to publish/post notice shall be eligible for the capped govern- ment rate, even if the notice is a private party notice. HSPA contemplates insti- tuting limits on what newspa- pers can charge for commonly submitted notices, such as sheriff's sales (mortgage fore- closures), for example. If needed, legislation could clarify that updated versions of a tax sale (as property owners redeem their proper- ties) does not count as a new notice. Aggregation of notices HSPA would continue to operate its aggregated public notice website where all pub- lic notices will be accessible as www.indianapublicnotices. com. Notices can be found through key word searches. Customers will have the option of submitting a public notice locally through a local newspaper or through the statewide website where the customer can route it to the selected newspapers. Local newspaper would continue to make proof available and bill the customer. Templates will be created for common types of notices (electronically available with fill in the blanks capability). HSPA hopes to work with the state judiciary on these tem- plates. HSPA suggests that pub- lished/posted notices be uploaded to Indiana Supreme Court's MyCase system so that it becomes part of court record and attorneys get alert to the notice being legally given. Digital requirements When public notice moves to digital requirements, HSPA legislation would address what journalistic entities would be eligible to post them. Eligibility would be expanded beyond newspapers with a periodicals mail permit. "The rationale is to free present newspapers to pursue economic models that give them a better chance to be profitable," said Steve Key, executive director and general counsel for HSPA. The criteria to become eligible will focus on Indiana businesses who create local news content at least weekly, who are tied to a specific community, and who are free from government regulatory oversight. In establishing a state-set rate for digital public notices, HSPA contemplates a folio rate (cost per 100 words). This will be simpler for govern- ment units to estimate cost compared to current state- mandated cap that uses picas/ points/Em spaces/printer's square. Archiving HSPA will coordinate with Indiana State Library and Archives to develop protocol for preservation of digital notices for historical purposes. Verification HSPA would work with Indiana Supreme Court to determine acceptable verifica- tion protocol to protect due process rights for individuals. This should also apply for acceptance by local govern- ment entities as proof of publication and allowance for news entity to be paid. Extra service If economically feasible for HSPA, the public could request email delivery of public notices based on sub- ject matter or government unit desired by the customer through search words selected. "The idea is to update the public notice statute to better serve Hoosiers while preserv- ing their ability to access public notice to maintain gov- ernment transparency and due process," Key said. "The idea is to update the public notice statute to better serve Hoosiers while preserving their ability to access public notice to maintain government transparency and due process." — Steve Key HSPA executive director, general counsel Public notice Continued from Page 1 When public notice moves to digital requirements, HSPA legislation would address what journalistic entities would be eligible to post them. e Indiana Publisher is published monthly by the Hoosier State Press Association, 429 E. Vermont St. #206 Indianapolis, Indiana 46202

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