Letter to the Editor: Former HSPA Director Thanks Tony Cook for Work on Behalf of News, the Public

EDITOR’S NOTE: Steve Key is the retired executive director and general counsel for the Hoosier State Press Association. Each year, Mr. Key writes legislators and thanks them for the work they did this year on behalf of both the general public and the newspaper industry. This is one of the letters that went to a Hamilton County lawmaker.

Dear Rep. Cook:

On behalf of the Hoosier State Press Association, I’d like to thank you for working with us on H.B. 1134, which you authored. This was the controversial critical race theory education bill. It contained a provision that required school districts to post classroom materials on their websites with an accompanying provision that would allow school districts to deny records requests for that information if the citizen had access to a computer. HSPA opposed the concept of allowing a government unit to deny a records request on the basis that Hoosiers could find the information on a website.

HSPA raised its concern with you and you explained that the language was worked out by the state Attorney General’s office and House policy attorney Danny Kelley. You suggested HSPA talk to Kelley, which we did to register our opposition while appreciating that the website postings would increase transparency, Kelley said the intent was to relieve school officials from the burden of complying with what could be voluminous requests.

H.B. 1134 was passed by the House Education Committee, chaired by Rep. Bob Behning, R-Indianapolis, with an 8-5 vote. It was passed by the House, 60-37.

Sen. Linda Rogers, R-Granger, told HSPA that the offending change to the Access to Public Record Act would be eliminated in her committee amendment to the bill. With 200 people signed up to testify on H.B. 1134, HSPA did not need to testify on its concern.

The bill was passed out by the Senate Education and Career Development Committee, chaired by Sen. Jeff Raatz, R-Richmond, with an 8-5 vote. The bill died though when it was not called down for a vote in the Senate.

I’d also like to thank you for your support of H.B. 1130 during the 2022 Indiana General Assembly. This is the legislation that gives the public the right to comment at public school board meetings.

It was introduced by Rep. Tim O’Brien, R-Evansville. The House initially had two other bills introduced on the right to speak at public meetings – H.B. 1080, authored by Rep. David Abbott, R-Rome City, or H.B. 1290, authored by Rep. Ryan Lauer, R-Columbus. Rep. O’Brien said there was a decision among House Republicans to move his bill, rather than the other two options.

O’Brien’s bill was approved by the House Government and Regulatory Reform Committee, chaired by Rep. Doug Miller, R-Elkhart, with an 11-0 vote. The House then passed H.B. 1130 with a 93-0, including your “aye” vote. Co-authors for H.B. 1130 were Reps. Jake Teshka, R-South Bend; Steve Bartels, R-Eckerty; and Michelle Davis, R-Whiteland.

HSPA testified on the bill during its Senate Education and Career Development Committee hearing, chaired by Sen. Jeff Raatz, R-Richmond. HSPA pointed out the bill did not include charter schools. HSPA also pointed out that the language didn’t tie the right to comment to specific agenda items, which would open the door for a school board to hold comments until the end of a meeting after final action had been taken.

The Senate Committee did approve the bill, but it added a three-minute limit per person on public comment. The committee vote was 10-1. Sen. Jim Buck, R-Kokomo, was the bill’s sponsor. The co-sponsors were Sens. Vaneta Becker, R-Evansville; Mark Messmer, R-Jasper; Erin Houchin, R-Salem; and John Crane, R-Avon.

A second reading amendment by Sen. Buck was approved that eliminated the three-minute limit. The Senate then passed the bill, 34-11.

O’Brien concurred and the House approved that motion, 91-1, again with your “aye” vote.

HSPA also appreciates your support of S.B. 83, which was passed after H.B. 1130 and added a couple of legislative improvements in our view. The final version added charter and virtual school boards to the provision allowing public comment. It also added language to provide that the public had the right to speak on an agenda item prior to any final action taken on that item. Both changes reflected testimony by HSPA when the Senate Education and Career Development Committee held its hearing on H.B. 1130.

S.B. 83 was authored by Sen. Jean Leising, R-Oldenburg. The bill was filed with a drafting error, making code citation references to the Access to Public Records Act, rather than the Open Door Law. HSPA brought the error to Sen. Leising’s attention and she fixed the error with an amendment during the bill’s hearing before the Senate Education and Career Development Committee hearing, chaired by Sen. Jeff Raatz, R-Richmond.

Rather than testify on the technical correction, HSPA’s testimony turned into an explanation of an amendment offered by Sen. Linda Rogers, R-Granger, that involved three separate sections of the Open Door Law. While Sen. Rogers’ amendment died with a tie vote, the bill was passed, 8-4. The committee discussion led to a 2nd reading amendment that HSPA supported clarifying that executive sessions would not be subject to public comment. S.B. 83 was passed by the Senate, 45-4. The co-authors were Sens. Veneta Becker, R-Evansville; and Kyle Walker, R-Indianapolis.

HSPA testified for the bill during its hearing before the House Education Committee, chaired by Rep. Bob Behning, R-Indianapolis, who also was the bill’s sponsor. HSPA did suggest a change to allow public comments be tied to specific agenda items to avoid a school board putting public comments at the end of a meeting after final actions had been taken. The bill was held a week for an amendment to be prepared to improve the bill.

Rep. Behning said he was working with Rep. Vernon Smith, D-Gary, on the amendment. Rep. Smith gave Legislative Services Agency permission to share the draft with HSPA. HSPA suggested a change so that citizens would not be limited to only three minutes to speak during a school board meeting. The committee pared the bill down to allowing public comment in public school board meetings with no time limits. This version passed 10-0.

On the House floor, Rep. Ed Delaney, D-Indianapolis, successfully amended the bill to add charter and virtual school board to the public comment right. The bill was then passed by the House, 94-0 with your “aye” vote. The House co-sponsors were Rep. Tim O’Brien, R-Evansville; and J.D. Prescott, R-Union City.

Sen. Leising did file a dissent, but the conference committee report primarily aligned the bill with previously passed H.B. 1130. The conference committee report was approved by the Senate, 39-11, and the House, 93-0 with your positive vote.

On a personal note, the 2022 Indiana General Assembly marked the 30th session that I worked for HSPA and my last as executive director and general counsel. It’s been a privilege for me to work with the state’s legislators and I fully appreciate the hard work that the legislature performs.

As my role and life changes, I want to wish you all the best in your future.

Respectfully,

Stephen Key
Executive Director and General Counsel