Letter to the Editor: Key Thanks Speaker Huston for Work on Behalf of News Industry

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. Huston:

On behalf of the Hoosier State Press Association, I’d like to thank your leadership team, particularly Reps. Matt Lehman, R-Berne, and Mike Karickhoff, R-Kokomo, for its support of our concept to modernize Indiana’s public notice advertising policy that was embodied by H.B. 1101, which was authored by Rep. Ed Clere, R-New Albany.

The bill both addressed concerns that have been raised over the past few years concerning the cost of certain public notices, how public notices should be distributed in counties with no paid-circulation newspaper, and set the framework for a transition from print to digital requirements for the distribution of public notices.

HSPA’s proposal would maintain the four essential elements for effective public notices: accessibility by the public, verification of distribution, preservation of the notices for historical purposes, and distribution through an independent entity with incentive to make sure the notices are properly brought before the public.

Unfortunately, H.B. 1101 died in the House Governmental and Regulatory Reform Committee, chaired by Rep. Doug Miller, R-Elkhart. Co-authors for H.B. 1101 included Reps. Mike Karickhoff, R-Kokomo; Karen Engleman, R-Georgetown; and Ed Delaney, D-Indianapolis.

H.B. 1101 was supported by a wide range of private interests, including the Indiana Chamber of Commerce, Indiana Farm Bureau, Hoosier Environmental Council, and Common Cause

I’d also like to thank you for the Republican caucus 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. 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.

H.B. 1130 was followed by S.B. 83, which 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 co-authors were Sens. Veneta Becker, R-Evansville; and Kyle Walker, R-Indianapolis. Rep. Bob Behning, R-Indianapolis, was the bill’s sponsor. The House co-sponsors were Rep. Tim O’Brien, R-Evansville; and J.D. Prescott, R-Union City.

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