Hoosier State Press Association - The Indiana Publisher
Issue link: https://www.ifoldsflip.com/i/170019
The Indiana Publisher Published alternate Thursdays Volume 78, Issue 19 • September 12, 2013 Foundation continues support for lawsuit FEDERAL RULES MAY AFFECT NEWSPAPER REVENUE Courier & Press sues to keep death records open T he HSPA Foundation board voted to extend its financial support of the Evansville Courier & Press lawsuit seeking access to certificates of death that contain the cause of demise. The decision follows a negative ruling by a three-judge panel of the Indiana Court of Appeals in the newspaper's lawsuit with southern Indiana resident Rita Ward against the Vanderburgh County Health Department. Steve Key, executive director and general counsel for HSPA, believes the appellate court made the same mistake as the trial court judge, melding two different death records into one. There are three types of death records created when an individual dies in the state of Indiana. Certification of death This is an official document that families need to settle affairs following a death, such as collection of life insurance benefits. The local health department creates this record, per IC 16-37-1-8. A health officer makes this record available only when the requestor shows he or she has a direct interest in the matter. The certificate must be needed to determine personal or property rights or in compliance with state or federal law. The requester must present at least one form of identification. The public at large cannot obtain copies of this record. New rules that take affect in January intend to stall foreclosures for 120 days after lenders deem a loan defaulted. Public notice freeze? New regulations could suspend foreclosures for 4 months By Tonda F. Rush National Newspaper Association N ewspapers that have already faced much disruption in their public notice business for foreclosures may face another shock. The mortgage foreclosure process will freeze for many types of loans from midJanuary to mid-April while mortgage servicers begin to comply with a new set of federal consumer protection rules. How quickly the transition in the remaining months of 2013 will develop remains to be seen. The new federal Consumer Financial Protection Bureau – led by recently named director Richard Cordray – flexed its muscles over the mortgage markets. In July it finalized a new set of con sumer protection rules governing mortgage services that are intended to give bor owers r more tools to avoid losing their homes. See Lawsuit, Page 2 Run for the Revenue ad conference and awards reception What: Run for the Revenue – An Advertising Conference You Can Bet On When: Friday, Sept. 27, 2013 Where: Indiana Downs and Grand Casino, Shelbyville Registration: Sign up online at www.HSPAfoundation.org/events or via registration brochures newspapers received by mail DEADLINE: Register by Sept. 20 Information: (317) 803-4772 or sgoldsby@hspa.com The new rules are intended to stall foreclosures for 120 days after a lender determines a loan is in default. During that time, the servicer has new obligations to give borrowers an opportunity to avoid foreclosure, such as refinancing, agreeing to short sales and simply raising the money to fix the default. Only after the 120 days in default can the servicer begin the foreclosure process. The new rules also prevent servicers from providing forced insurance without following certain notice processes. Servicers also must comply with requests for data corrections within a specified time period. Many states have already imposed slower foreclosure processes on lenders. But in most cases, servicers have been able to simultaneously prepare for the See Notice, Page 3 Study group begins ag gag discussion A g gag will rear its ugly head again when the Interim Study Committee on Economic Development meets Sept. 25. The Indiana General Assembly committee will tackle the topic: "Trespassing for the purpose of harming a business and making video images of a business with the intent to falsely portray the operations of a business." Testimony before the interim committee should be a replay of the 2013 General Assembly committee hearings on S.B. 373, authored by State Sen. Travis Holdman, R-Markle, and sponsored by State Rep. Bill Friend, R-Macy. That bill died on the final night of the legislature when Speaker of the House Brian Bosma, R-Indianapolis, pulled the bill from its conference committee floor debate. Several versions of S.B. 373 had passed initially in the Indiana Senate and House, prompting a conference committee report to iron out a final version. Supporters argue in favor of a so-called ag-gag law to protect agricultural operations, along with manufacturers and mining operations, from videos posted online that they say unfairly portrays their operations. Opponents have voiced concern that the law would: • Obstruct First Amendment constitutionality • Create criminal libel in Indiana • Hinder the ability of whistleblowers to show illegal practices • Thwart the ability of parties to bring legal activities under scrutiny and possible legislative consideration. Steve Key, HSPA executive director and general counsel, plans to testify at the hearing in the Statehouse. See Gag, Page 2