The Indiana Publisher

Page 2 March 2022 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 Curt Kovener, e Crothersville Times Robert Shegog, Indianapolis Recorder 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) 803-4772 Amelia McClure, government relations counsel admclure@hspa.com (317) 803-4772 Pamela Lego, director of operations plego@hspa.com (812) 350-7711 Shawn Goldsby, business manager sgoldsby@hspa.com (317) 803-4772 Ruth Witmer, communications specialist news@hspa.com (812) 855-5898 ervation of the notices for his- torical purposes, and distribution through an independent entity with incentive to make sure the notices are properly brought before the public. "Our proposal maintains pro- visions that strengthen govern- ment transparency and judicial due process in our democratic process," said Steve Key, HSPA executive director and general counsel. Unfortunately, H.B. 1101 died in the House Government and Regulatory Reform Committee, chaired by Rep. Doug Miller, R-Elkhart. Miller pre- ferred S.B. 283 and hoped it would come to his com- mittee from the Senate. Co-authors for H.B. 1101 included Reps. Mike Karickhoff, R-Kokomo; Karen Engleman, R-Georgetown; and Ed Delaney, D-Indianapolis. HSPA plans to renew its effort to modernize public notic- es when the Indiana General Assembly gathers for its 2023 session. S.B. 283 – Authored by Sen. Jim Buck, R-Kokomo, this bill would have allowed govern- ment units to forego the publication of public notices – replacing that require- ment with the posting of the notices on the units' "official websites," which could include Facebook pages. HSPA opposed this concept as failing to preserve the four elements necessary for effective public notices – particularly the issues of verification, archivable preservation, and an independent distribution to prevent the foxes from guarding the hen houses. Five of the 10 members of the Senate Local Government Committee, chaired by Sen. Buck, made it known to him that they would not support his bill, so he amended it to request an interim committee look at the issue this summer. That version was passed by Buck's com- mittee, 8-0, and by the Senate, 48-1. It was assigned to the House Rules and Legislative Procedures Committee, chaired by Rep. Dan Leonard, R-Huntington, where it was not acted upon. That doesn't mean it won't be assigned to a summer committee. The five senators who supported HSPA in the committee were Sens. Dennis Kruse, R-Auburn; Sen. Veneta Becker, R-Evansville, Sen. Greg Taylor, D-Indianapolis, Sen. Rodney Pol, D-Chesterton; and J.D. Ford, D-Carmel. S.B. 237 – Authored by Sen. Kevin Boehnlein, R-Greenville, this bill would have required government units to post Open Door Law notices on their "offi- cial websites," and also allow the posting of public notices on such websites, which could include social media platforms, such as Facebook. HSPA oppos- es the use of Facebook for pub- lic notice requirements because if fails to meet the four criteria for effective public notices – accessibility, verification, ability to archive, and indepen- dent actor to disseminate. With little advance notice, the Senate Local Government Committee, chaired by Sen. Jim Buck, R-Kokomo, approved the bill, 7-0. After the hearing, HSPA talked to Sen. Boehnlein about its Facebook concern. Boehnlein did present HSPA's con- cern during his testimony on S.B. 237 before the House Government and Regulatory Reform Committee, chaired by Rep. Doug Miller, R-Elkhart. The bill did move out of com- mittee with Rep. Curt Nisly, R-Milford, expressing an intent to amend the bill. During the bill's 2nd read- ing discussion of an amendment authored by Rep. Ed Clere, R-New Albany, discussion ensued concerning the public's privacy if notices were placed on Facebook. Rep. Clere's concern was echoed by Reps. Terri Austin, D-Anderson, John Jacob, R-Indianapolis; and Matt Pierce, D-Bloomington. House sponsor Rep. Doug Miller, R-Elkhart, pulled the bill from consideration prior to the amendment vote. The bill did not come up for another floor vote and died. HSPA was told the Republican House caucus decided to kill the bill. H.B. 1103 – This is the annu- al bill for the state Department of Natural Resources, Public Notice Continued from Page 1 e Indiana Publisher is published monthly by the Hoosier State Press Association, 429 E. Vermont St. #206 Indianapolis, Indiana 46202 Miller Kruse Boehnlein Buck See Public Notice, page 8 "Our proposal maintains provisions that strengthen government transparency and judicial due process in our democratic process." — Steve Key, HSPA executive director, general counsel

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