PublisherThe Indiana

Volume 76, Issue 11 • May 26, 2011 Published alternate Thursdays

They asked for itDaniels scoop not coincidence for Star

Legislative roundup: Access

Leader has advertising background

Register now to brush up on beats

A former Gannett newspa-per manager has been named the new presi-dent and pub-lisher of the South Bend Tribune.

Kim Wilson will replace David Ray, who retired in April after 11 years as publisher.

Wilson, 41, was president and publisher of the Fort Collins Coloradoan and Gan-nett’s Colorado Media Group for more than two years before leaving that position in December.

She spent her 20-year career with Gannett news-papers in places such as Louisville, Ky.; Huntington, W.Va.; and Pensacola, Fla.

Wilson graduated from Penn State University with a degree in advertising.

Editors at The Indianapolis Star didn’t just hope for an exclusive when Mitch Daniels announced his decision about running for president.

They lobbied for it.Top management talked

with the governor and his advisers about it several times in the past few months, said editor and vice president Dennis Ryerson.

He and others reminded the Daniels camp of their desire to not get beat on the story by an out-of-state news organiza-tion or website, he said.

“I felt we would have been derelict had we not made our case,” Ryerson said.

The strategy was simple yet effective, said Star political columnist Matt Tully.

“We got the scoop because we asked for it,” he said.

Ryerson learned of the pend-ing announcement – but not what the decision was – about 3:30 p.m. Friday in a call from the governor, he said.

He was meeting in his office with some staffers.

Journalists will learn how to maximize their beats at the 2011 Road Show for Reporters.

Two near-ly identical workshops will empha-size the Beat Basics theme of the annual seminars sponsored by Indiana Associated Press Managing Editors and HSPA Foundation.

The first Road Show will be June 16 at Chapman’s Restaurant in Bloomington. The second will be June 23 at the Geneva Center in Rochester.

Both workshops will include sessions on the edu-cation beat, covering courts and police, photography for reporters and public access to information.

The cost is $30 per person by the early-bird deadline of May 27 for the Bloomington Road Show and June 3 for the Rochester one. After that, fees of $40 per per-son are due by June 10 for Bloomington and June 17 for Rochester. Lunch will be provided.

Journalists can register by returning the brochure mailed to newsrooms or by downloading a brochure at HSPAfoundation.org/events.

HSPA tracked dozens of bills dur-ing the 2011 session of the Indiana General Assembly.

This issue and the June 9 edition of The Indiana Publisher include infor-mation on public access-related bills that HSPA worked with.

Publishers and editors, take note of actions local legislators took that were favorable or unfavorable to the positions HSPA adopted on your behalf.

S.B. 70 contained public access concepts HSPA has been pushing for several sessions, including a civil fine

for deliberate violations of the state’s access to information laws, the ability for the Indiana public access coun-selor to review redacted documents for compliance with the Access to Public Records Act and the ability for

citizens to ask for email notification of meetings.

Sen. Sue Landske, R-Cedar Lake, filed S.B. 70 without any prompting by HSPA. The bill was assigned to the Committee on Public Policy, chaired by Sen. Ron Alting, R-Lafayette.

HSPA worked with Landske, Sen. Travis Holdman, R-Markle; and Rep. Milo Smith, R-Columbus, on posi-tive amendments to the original bill when Alting decided not to give

Kim Wilson

See Access, Page 3

See Scoop, Page 2

Road Show for ReportersWhen: June 16 in Bloomington and June 23 in RochesterRegistration: hspafoundation.org/events

Spot-on Video EditingJournalists and others gath-ered at Ball State University May 19 to learn editing techniques for web video. Above: Steve Leer, a com-munications consultant with Purdue University, gets help from classroom assistant Josh Smith. Left: Instructor John Strauss, right, talks with Jaclyn Goldsborough of Fort Wayne Newspapers. Below: Instructor Tim Underhill, right, leads a session for Mac users.

Play with a purposeRegister now to support HSPA Foundation during the annual golf outing June 9. Visit www.hspafoundation.org/events to sign up.

2011 session roundupHSPA worked with dozens of bills affecting newspapers in the 2011 sessionIn this issue: Public access to information Online: Taxes, public notice advertising and miscellaneous issues, which ran in The Indiana Publisher May 12.

By Milissa TuleyHSPA staff

“My administrative assis-tant knocked on my office door, opened it and said the governor wanted to talk to me,” he said. “So it was no secret here that something was up.”

Ryerson alerted key man-agers Friday to begin plan-ning.

The Star agreed that noth-ing would be released before 2 a.m. Sunday. That meant the paper could not put the announcement in its state edition, which reaches some outlets before midnight, he said.

“The atmosphere in the information center – our newsroom – was incredibly speculative,” Ryerson said.

Tully said he thought Daniels would run because of recent conversations he’d had with the governor about in-depth details of a poten-tial presidential campaign, he said.

“The math really added up to a guy who was going to run,” he said.

That remained his gut feel-ing at 7 p.m. Saturday when

Eric Holcomb, chairman of the Indiana Republican Party, and Mark Lubbers, a close adviser to the gov-ernor, arrived at The Star’s employee entrance to meet with Ryerson, Tully and Star political writer Mary Beth Schneider.

Holcomb and Lubbers started the conversation by laying out the background on how Daniels got to this point and making a case for why he had a shot to get the nod, Tully said. They talked for 13 minutes before tell-ing them there would be no presidential bid.

“As journalists we were disappointed just because we were looking forward to the idea of covering presiden-tial politics for the next few months,” Tully said.

Shortly after the 40-min-ute meeting ended, Ryerson made two announcements in the newsroom: Daniels would not run, and The Star had the story exclusively.

“I asked those present not to share the news with any-one – spouses, partners or anybody; not to tweet, blog, text or in other ways let it out of the building,” Ryerson said.

The paper didn’t need to

change its city edition dead-lines, he said. Knowing the announcement was coming, staffers weeks ago prepared advance stories.

The Star saw a 1.8 percent increase in single-copy sales Sunday in the Indianapolis metro area compared to a year ago, said Bill Bolger, vice president for operations and information technology.

The paper didn’t increase the single-copy draw Sun-day, he said. It already was elevated because of Indy 500 events, and the paper has been trying to cut down on returns, he said.

“If his decision had been to run, I know we would have bumped the draw some more,” Bolger said.

Ryerson said a reporter asked Holcomb this week if The Star paid for the exclusive. The answer is an emphatic no, he said.

“We agreed only to hold the story to ourselves, to not release anything until 2 a.m. Sunday morning, and to run the governor’s state-ment in full and to run the brief statement about Cheri Daniels’ involvement with her daughters,” Ryerson said.

Page 2 May 26, 2011

Member notices

Sales professional – The Daily Reporter (Greenfield) is seeking a motivated sales professional for an outside advertising sales rep-resentative. The chosen candidate will be responsible for selling into multiple products, developing new accounts in an assigned territory, achieving monthly sales goals, time management and accurate paperwork. Prior print advertising or online media sales experience is preferred. Send résumé and sal-ary requirements to John Senger, advertising director, 22 W. New Rd., Greenfield, IN 46140, or jsenger@greenfieldreporter.com. (1)

Reporter – The Michigan City News Dispatch is seeking a reporter to handle general news coverage in Michigan City and La Porte County. Send a résumé and writing and reporting samples to Julie McClure, managing editor, Michigan City News Dispatch, 121 W. Michigan Blvd., Michigan City, IN 46360 or jmcclure@ thenewsdispatch.com. (2)

Advertising manager – The Banner Graphic, a locally owned newspaper in Greencastle, Ind., is seeking an advertising man-ager. Must have a proven record of exceeding revenue targets, the ability to inspire a sales team and previous management experi-

ence. Send résumé and cover letter to P.O. 509, Greencastle, IN 46135 or dtaylor@banner graphic.com. No phone calls. EOE (2)

Reporter – The Commercial Review in Portland, Ind., is seek-ing an enthusiastic and hard-working general assignment reporter. The main beat will be city government and police. Contact managing editor Mike Snyder at cr.news@comcast.net. (2)

Send member notices to mtuley@hspa.com. Postings will be listed as space permits in print and in full at www.hspa.com.

Journalist served his country

Marine veteran worked in circulation

HSPA staffSteve Key, executive director and general counsel

skey@hspa.com • (317) 624-4427

Karen T. Braeckel, HSPA Foundation directorkbraeckel@hspa.com • (317) 624-4426

Pamela Lego, MAP advertising directorplego@hspa.com • (812) 350-7711

Milissa Tuley, communications specialistmtuley@hspa.com • (317) 624-4430

Yvonne Yeadon, office manageryyeadon@hspa.com • (317) 624-4433

Shawn Goldsby, ICAN and ICAN Plus coordinatorsgoldsby@hspa.com • (317) 803-4772

The Indiana Publisher is published bi-weekly by Hoosier State Press Association,

41 E. Washington St., Suite 301, Indianapolis, IN, 46204, (317) 803-4772. ISSN 0019-6711 USPS 058-730.

Periodicals-class postage paid at Indianapolis, Ind., and at additional mailing office.

Postmaster: Send address changes to 41 E. Washington St., Suite 301, Indianapolis, IN, 46204,

(317) 803-4772, Fax (317) 624-4428. Website: www.hspa.com

Subscriptions $25 per year. Ad rates furnished upon request.

2011 CalendarJune 9 HSPA Foundation Golf Outing, Southern Dunes Golf Course, Indianapolis; register at www.hspafoundation.org/events

June 10 Deadline for entering advertising contest

June 16 Road Show for Reporters, Bloomington

June 23 Road Show for Reporters, Rochester

July 29 HSPA Foundation board meeting, Eugene S. Pulliam Interns Luncheon and Better Newspaper Contest deadline

Sept. 30 Advertising Conference (with INAEA), Ball State University

Fall Circulation Conference (with ICEA) (Sept. 30 proposed)

Oct. 6-7 HSPA & HSPA Foundation joint board meeting, Nashville, Ind.

Dec. 3 Newsroom Seminar, Indianapolis Marriott North

Dec. 9 HSPA board meeting

Employees sought

Decorated U.S. Army vet-eran and longtime journalist Pat rick J. McKeand, 69, of Indian apolis, died May 12, 2011.

He served his country in the Vietnam War and then worked at newspapers and as a journalism professor at IUPUI before his retirement.

McKeand majored in journalism at Indiana University, where he was editor of the student news-paper and graduated in the top of his class in 1963. In 1983 he graduated with a master’s degree in jour-

nalism from Ball State University.

In 1964 McKeand joined the U.S. Army as a member of the 25th infantry division and served a tour of duty in Vietnam.

He was on the front lines reporting on the war as the officer in charge of the Tropic Lightning News, a weekly publication about the infantry.

He received several mili-tary awards, including the Vietnam Campaign Medal, Vietnam Service Medal, National Defense Medal,

Army Commendation Medal, Bronze Star Medal and an overseas bar. Before leaving the service, McKeand was promoted to captain.

After his military career, McKeand worked for sev-eral newspapers, many of which he served as manag-ing editor for, including The Anderson Herald.

Survivors include his brother, William D. (Judi) McKeand; sisters, Marjorie Melson, Carolyn S. Miller and Jacquelyne F. (James M.) Bronkella; and several nieces and nephews.

James M. Hansen, 61, of Princeton, died Saturday, May 7, 2011, at Deaconess Gateway Hospital in New-burgh after a short illness.

Born Sept. 10, 1949, in Rochester, N.Y., he was the son of Carl and Betty Nowicki Hansen.

Jim was the circulation manager at the Princeton Daily Clarion since 2000.

Jim had been in the news-paper business since 1973,

starting as a district sales manager in his hometown of Rochester, N.Y. Before join-ing the Clarion, he worked in Iowa and was operations man-ager for Shaw Newspapers in Illinois. He was formerly owner and publisher of the Crystal Lake Times in Illinois.

He was a U.S. Marine Corp veteran and a member of the American Legion and the Patoka United Method-ist Church.

He was a 1971 graduate of the State University of New York at Brockport.

He leaves his wife, Vicki; children, Jenny (Chris) Fabri of Evanston, Ill.; Erin (Greg) Oliver of Crystal Lake, Ill.; Eric (Chandra) Hansen of Crystal Lake, Ill.; step-son, Craig Matthews of Fort Branch; a sister, Jeanne (Frank) Passamonte of New York; grandchildren; and nieces and nephews.

ScoopContinued from Page 1

HSPA Board of DirectorsHSPA Officers

President: Tim Timmons, The Paper of Montgomery County (Crawfordsville), The Times (Noblesville)Vice President: Greg Morris, IBJ Corp.

Secretary: Robyn McCloskey, Pharos-Tribune (Logansport), Kokomo Tribune

Treasurer: Jon O’Bannon, The Corydon Democrat

HSPA Board Members

Jim Kroemer, Goshen NewsRandy List, Rust Communications

Bill Masterson Jr., The Times of Northwest Indiana (Munster)Tina West, The Courier-Times (New Castle)

Dailies

NondailiesJohn Haley, Pulaski County Journal (Winamac)

Kathy Tretter, Dubois-Spencer County Publishing Co. Inc.Shannon Williams, Indianapolis Recorder

HSPA Foundation Board of DirectorsHSPA Foundation Officers

President: Henry Bird, The Herald Bulletin (Anderson)Vice President: John Rumbach, The Herald (Jasper)

Secretary: Pat Lanman, Vevay Newspapers Inc.Treasurer: Jeff Rogers, Home News Enterprises

HSPA Foundation Board of DirectorsLinda Chandler, Ripley PublishingCurt Jacobs, The Madison Courier

Barbara King, North Vernon Plain Dealer & SunKevin Lashbrook, Landmark Community Newspapers

Mayer Maloney, Hoosier Times Inc.Jack Pate, Evansville Courier & PressNeal Ronquist, Paxton Media Group

Gary Suisman, Journal and Courier (Lafayette)

May 26, 2011 Page 3

News in brief

Jasper paper gets top honor

Journalism award goes to reporter

Paper names general manager

Employee promoted to editor

Send promotions, announcements, staff changes and other corporate news to mtuley@hspa.com.

The Herald (Jasper) won top honors in The Best of Photojournalism national picture editing contest.

The paper took first place in the Best Use of Pictures category for newspapers under 75,000 circulation. It also earned second place in the Newspaper Picture Editor of the Year team category, among other awards.

In the Best Use of Pictures category, entrants submitted four issues of their newspa-per and were judged on the quality of the photo-graphs and their display.

Entrants in the Picture Editor of the Year team category submitted a portfolio of

their work from 2010. The Herald’s portfolio consisted of daily and Saturday pages edited by Chief Photographer Dave Weatherwax, Managing Editor Justin Rumbach and Editor John Rumbach.

First place in the cat-egory went to the Los Angeles Times and third place to The New York Times.

Judges considered not only the quality of the photographs and editing but also the range and diversity of the portfolio.

The Herald’s other awards included an honorable mention in Multi-page Documentary for a Saturday feature on a family’s handling of autism.

Times Media Co. staff writer Keith Benman won a business reporting honor for his coverage of consumer complaints to the Indiana Gaming Commission being ignored.

Benman received the honor at a May 6 ceremony for the 34th annual Peter Lisagor Awards for Exemplary Journalism in Chicago.

The award is named after journalist Peter Lisagor, who was the Chicago Daily News’ Washington bureau chief from 1959 to 1976.

Benman’s stories, in -cluding “Indiana Play ing a Game of Hold ’Em,” beat competition in the category for daily news-papers with a circulation of less than 250,000.

The Times of North west Indiana (Munster) writer Sarah Tomp kins, design-er Dave Mos ele and writer Rick Kaempfer were also finalists for Lisagor awards. Benman and Times Investigative Editor Marc Chase won a Lisagor award last year for their subprime lending series published in 2009.

Karen Franscoviak has been named general manager of the Herald Journal (Monticello).

Franscoviak has been with the Herald Journal for 15 years, beginning her career as an adver-tising sales representa-tive and later working as advertising director.

Prior to her promo-tion to general manager, Franscoviak worked at Herald Journal as mar-keting manager.

Before coming to the Herald Journal,

Franscoviak got her start in the newspaper business as a classi-fied sales representa-tive with the Frankfort Times, where she was eventually promoted to retail display advertis-ing.

A graduate of Clinton Prairie High School, Franscoviak resides in Monticello with her hus-band, Tony, a general construction inspector for Purdue University, and their daughter, Regan.

Katie Duffey has been named editor of the Herald Journal (Monticello).

Duffey most recently worked as managing editor of the Herald Journal. She replaces outgoing editor Trent Wright, who accepted a sales position with Fielder’s Choice.

Since graduating with a degree in magazine

journalism from Ohio University (Athens, Ohio) in 2005, Duffey has been employed at the Herald Journal, working first as a report-er from 2005-2008 and later as managing editor from 2008-2011.

Duffey is a native of Lafayette and a 2001 graduate of Lafayette Central Catholic High School.

the bill a hearing. HSPA was told the decision was made after a discussion Alting had with Lafayette Mayor Tony Roswarski.

The House in 2010 and Senate in 2009 had passed the language in S.B. 70 unani-mously. Sen. Beverly Gard, R-Greenfield, was the author in those years. She still sup-ports the legislation.

S.B. 535, authored by Sen. Greg Walker, R-Columbus, was nearly identical to S.B. 70. HSPA and Walker agreed to let S.B. 70 be the bill to push forward, so Walker did not seek a hearing on S.B. 535 from Committee on Local Government chair Sen. Connie Lawson, R-Danville.

S.B. 125, authored by Sen. Travis Holdman, R-Markle, would have made deliberate violations of the state’s public access laws a Class C infrac-tion and prohibited fees for faxing records to citizens.

Holdman and HSPA agreed to attempt to cover Holdman’s issues in S.B. 70, so he did not push for a hearing on S.B. 125 with Committee on Rules and Legislative Procedure chair-man Sen. David Long, R-Fort Wayne. Sen. Ron Grooms, R-Jeffersonville, was a co-author on the bill.

H.B. 1487, authored by Rep. Kathy Richardson, R-Noblesville, was the House version of the HSPA-supported bill for civil fines for deliberate violations of public access laws. Richardson filed the bill at the request of Speaker of the House Brian Bosma, R-Indianapolis, who became the bill’s co-author.

The bill died for lack of a hearing before the Committee on Government and Regulatory Reform, chaired by Rep. Phil Hinkle, R-Indianapolis.

Hinkle apologized to Steve Key, HSPA executive director and general counsel, explain-ing that he ran out of time because local government reform bills monopolized the hearings. Hinkle pledged to work with HSPA on the legis-lation in the 2012 session.

S.B. 325, authored by Sen. Jim Banks, R-Columbia City, requires entities that receive payments under local econom-ic development agreements with Indiana casinos to make reports to the Indiana Gaming Commission and attorney general as to how the money is spent.

HSPA supported this bill because the agreements were made when casinos were try-ing to gain support for local referendums on whether a casino should be built in specific communities, so the public should have a right to know whether casinos offer the promised economic devel-opment.

HSPA testified in favor of the bill before the Committee on Public Policy, chaired by Sen. Ron Alting, R-Lafayette. The committee approved the bill 7-0. The Senate then approved the bill 43-7. Senate co-authors are Sens. Mike Delph, R-Carmel; Dennis Kruse, R-Auburn; and Frank Mrvan, D-Hammond.

The House sponsor was Rep. Jud McMillin, R-Brookville. HSPA again testified for the bill before the House Committee on Public Policy, where the bill passed 9-0. Rep. Bill Davis, R-Portland, chairs

that committee.HSPA also spoke with

McMillin about a poten-tial amendment prior to its adoption on the House floor. McMillin explained that the amendment merely clarified the scope of what the gam-ing commission could do to alter an agreement between the casino and entity. The bill passed 87-0 by the House.

Banks concurred with the House amendments, and the Senate approved the motion 48-0. Mrvan spoke strongly for the passage of the bill during the concurrence debate.

S.B. 472, authored by Mrvan, would have given the Indiana Gaming Commission oversight of local economic development agreements between casinos and non-gov-ernmental entities.

The bill died for lack of a hearing before the Committee on Public Policy, chaired by Sen. Ron Alting, R-Lafayette. HSPA would have supported this concept, which was sup-planted by S.B. 325.

H.B. 1304, authored by Rep. Bill Friend, R-Macy, originally would have allowed govern-ment employees to deny access to records when requested in person if the record could have been found online by the requester. Rep. Mike Karickhoff, R-Kokomo, was a co-author. HSPA opposed this concept in committee and Friend quickly understood that the bill was flawed.

During the House Commit-tee on Government and Reg -u latory Reform hearing, chaired by Rep. Phil Hinkle, R-Indianapolis, Reps. Scott Reske, D-Pendleton; and Mara Candelaria Reardon, D-Hammond, blasted the con-cept. To give Friend an oppor-tunity to fix the bill, the chair-man held the bill for another meeting.

In the interim, Rep. Milo Smith, R-Columbus, put together an amendment that Friend accepted that changed the bill to one that allowed a citizen to select in what medi-um the record would be deliv-ered – email, fax or paper.

With the bill changed, the House committee approved it 11-2. Rep. Shelli VanDenburgh, D-Indianapolis, became a co-author after the language was changed to be pro-citizen access.

However, the bill died in the wake of the House Democratic walkout when time ran out before it could be called for a floor vote.

H.B. 1004, authored by Rep. Eric Turner, R-Cicero, requires the state auditor to post on the Indiana transpar-ency website a database of state expenditures and fund balances and property owned by the state. HSPA supports this concept.

HSPA questioned informa-tion that was going to be kept off the site but received assur-ances from Erin Sheridan of the auditor’s office that the information would be still available for copying and inspection, just not posted on the website. Turner was sym-pathetic to HSPA’s concern.

The House passed the bill 98-0 after it emerged from the Committee on Ways and Means. Co-authors are Reps. Peggy Welch, D-Bloomington; Cindy Noe, R-Indianapolis; and Wendy McNamara, R-Indianapolis.

The Senate passed it 49-1 after it received approval in the Committee on Tax and Fiscal Policy, chaired by the

bill’s sponsor, Sen. Brandt Hershman, R-Monticello.

HSPA testified in favor of the bill in committee.

The co-authors are Sens. Luke Kenley, R-Noblesville; Travis Holdman, R-Markle; Lonnie Randolph, D-East Chicago; and Mike Delph, R-Carmel.

H.B. 1001, authored by Rep. Jeff Espich, R-Uniondale, is the budget bill. During floor debate, a successful amend-ment was suggested that pro-vided for the state auditor to post on the Internet informa-tion concerning state revenues, expenditures and fund balanc-es except for state universities. HSPA supports the state audi-tor’s “transparency portal.”

The bill passed the House 60-37. Sponsor of the bud-get bill is Sen. Luke Kenley, R-Noblesville. Co-sponsor is Sen. John Broden, D-South Bend. The Senate approved the budget bill 36-14.

H.B. 1001 went to confer-ence committee, whose report was approved by the Senate 37-13 and the House 59-39.

Gov. Mitch Daniels signed it May 10.

S.B. 350, authored by Sen. John Broden, D-South Bend, would have required the state auditor to post expenditure records of state agencies and job creation informa-tion by the Indiana Economic Development Corp. HSPA sup-ported the initiative.

The bill died for lack of a hearing before the Committee on Commerce and Economic Development, chaired by Sen. Michael Young, R-Indianapolis.

Co-authors of the bill were Sens. Jim Arnold, D-LaPorte; Jean Breaux, D-Indianapolis; Lindel Hume, D-Princeton; Tim Lanane, D-Anderson; Frank Mrvan, D-Hammond; Lonnie Randolph, D-East Chicago; Earline Rogers, D-Gary; Vi Simpson, D-Bloomington; Tim Skinner, D-Terre Haute; Karen Tallian, D-Portage; Greg Taylor, D-Indianapolis; and Richard Young, D-Milltown.

S.B. 58, authored by Sen. Ron Alting, R-Lafayette, would have expanded the list of subjects that could be dis-cussed in an executive session to include the sale of prop-erty and school consolidation. HSPA opposed the bill.

The bill died when Alting decided not to give his bill a hearing in the Senate Committee on Local Government, which he chairs. Sen. Dennis Kruse, R-Auburn, was a co-author.

S.B. 84, authored by Sen. Jean Leising, R-Oldenburg, would have made accident reports secret from the public but not the press for 90 days. HSPA opposed this concept.

The bill passed on a 5-3 vote by the Committee on Insurance and Financial Institutions, chaired by Sen. Allen Paul, R-Richmond. The Indiana State Police also opposed this proposed legisla-tion.

The bill’s co-authors were Sens. John Waterman, R-Shelburn, and Brent Steele, R-Bedford.

The bill was reassigned to the Committee on Appropri-ations, chaired by Sen. Luke Kenley, R-Noblesville. HSPA informed Kenley of its objec-tion to the bill, as did the Indiana State Police. The bill died when Kenley declined to give it a hearing.

AccessContinued from Page 1

See Access Cont., Page 4

Page 4 May 26, 2011

H.B. 1068, authored by Rep. Phil Hinkle, R-Indianapolis, would have made confiden-tial the home address, per-sonal telephone number and personal email address of a public safety officer contained in the records of the public agency that employs the offi-cer. It also made posting such information on the Internet a crime, under the premise that it could place officers and their families in danger.

HSPA worked with Hinkle, Leo Blackwell of the Fraternal Order of Police, the Indiana Association of Cities and Towns, and the Association of Indiana Counties to narrow the scope of the records made secret.

The House passed the bill 92-0 after it was approved 9-0 by the Committee on Veterans Affairs and Public Safety, chaired by Rep. Bruce Borders, R-Jasonville. HSPA testified on the bill in committee.

Co-authors were Reps. Sheila Klinker, D-Lafayette, Randy Frye, R-Indianapolis; and Charles Moseley, D-Portage.

The bill died 4-5 in the Senate Committee on Corrections, Criminal, and Civil Matters, chaired by Sen. Brent Steele, R-Bedford. Questions were raised about First Amendment implications and the scope of public offi-cials that should be included in the bill.

The sponsor of the bill was Sen. Jim Merritt, R-Indianapolis.

S.B. 80, authored by Sen. Michael Young, R-Indianapolis, requires that election material related to provisional ballots be made available for copying and inspection under the Access to Public Records Act in the same manner as other election material. HSPA supports this language and testified for the bill at its Senate and House committee hearings.

The Senate approved the bill 49-0 after it emerged from the Committee on Elections, chaired by Sen. Sue Landske, R-Cedar Lake. Co-authors are Sens. John Broden, D-South Bend; Mike Delph, R-Carmel; and Tim Lanane, D-Anderson.

The House approved the bill 93-1 without any changes after it passed in the Committee on Elections and Apportionment, chaired by Rep. Eric Koch, R-Bedford. Rep. Kathy Richardson, R-Noblesville, was the bill’s sponsor.

S.B. 60, authored by Sen. Connie Lawson, R-Danville, concerns local government issues. HSPA expressed con-cern with a provision that would allow airport boards to have an executive session for training by an outside consul-tant, an exception that cur-rently only school boards can invoke.

Lawson agreed to limit use of the provision by airport boards to only once a year.

The bill passed in the Senate 48-0 after it gained approval in the Senate Committee on Local Government, chaired by Sen. Lawson.

Co-authors are Sen. Jim Arnold, D-LaPorte; Lonnie Randolph, D-East Chicago; and Phil Boots, R-Crawfordsville.

The House passed it

74-17, although there was Republican caucus discussion on whether the Open Door Law change should remain in the bill. Rep. Ed Clere, R-New Albany, considered calling down a floor amendment to delete the language along with the school board exception for training. Apparently, the caucus persuaded Clere not to offer the amendment.

This occurred after the bill gained approval in the House Committee on Local Government, chaired by Rep. Phil Hinkle, R-Indianapolis.

Rep. Ed Soliday, R-Valpar-aiso, was the House sponsor.

Sen. Lawson filed a dissent, but the conference committee report gained approval in the Senate 41-9 and the House 59-36.

S.B. 582, authored by Sen. Karen Tallian, D-Portage, concerns foreclosure actions but includes a provision mak-ing information about debtors’ addresses, email addresses and telephone numbers sub-mitted by banks along with the debtors’ financial informa-tion confidential.

It passed the Senate 50-0 after being approved by the Judiciary Committee, chaired by Sen. Richard Bray, R-Martinsville, who also became a co-author. The other co-author is Sen. Lonnie Randolph, D-East Chicago.

It passed the House 89-0 after approval in the Committee on Financial Institutions, chaired by Rep. Woody Burton, R-Whiteland, who also is the bill’s sponsor. The co-sponsor was Rep. Gail Riecken, D-Evansville.

Tallian concurred on the House changes, and the Senate voted in favor of that motion 47-1.

H.B. 1079, authored by Rep. Cindy Noe, R-Indianapolis, would have provided that a veteran’s discharge record recorded in a county recorder’s office is considered a public record if the veteran’s Social Security number has been redacted. HSPA supported this language.

The House passed the bill 99-0 after it was approved 10-0 by the Committee on Veterans Affairs and Public Safety, chaired by Rep. Bruce Borders, R-Jasonville. HSPA testified in favor of the bill in both its House and Senate committee hearings. Co-authors were Reps. Phil Hinkle, R-Indianapolis; and Bob Morris, R-Fort Wayne.

The bill died for lack of a vote in the Senate Committee on Local Government, although the bill was discussed. Sen. Phil Boots, R-Crawfordsville, raised concerns about privacy for veterans.

Sponsor of H.B. 1079 was Sen. Jim Merritt, R-Indianapolis. Co-sponsor was Sen. Mike Delph, R-Carmel.

S.B. 537, authored by Sen. Jim Merritt, R-Indianapolis, establishes an Indiana state museum and historic sites corporation to operate those sites. HSPA asked Merritt to consider an amendment clari-fying that the Access to Public Records Act would apply to the corporation.

Merritt agreed, and the amendment gained approval during the bill’s hearing before the Committee on Appointments and Claims, chaired by Sen. Joe Zakas, R-Granger. Afterward, the Senate passed the bill 41-9.

Co-authors are Sens. Tom

Wyss, R-Fort Wayne; Tim Lanane, D-Anderson; and Jim Arnold, D-LaPorte.

The House approved the bill 96-0 after approval by the Committee on Natural Resources. Rep. Tom Saun-ders, R-Lewisville, was the House sponsor.

Merritt filed a dissent, which led to a conference committee report that was approved by the Senate 47-2 and the House 92-2.

S.B. 549, authored by Sen. Phil Boots, R-Crawfordsville, establishes the Indiana public retirement system to administer and manage the state’s pension funds. HSPA was concerned about whether the state’s public access laws would apply to the new entity. Boots said the state’s attor-neys confirmed that was the case.

The Senate passed the bill 48-1 after it gained approval in the Committee on Pensions and Labor, chaired by Sen. Phil Boots, R-Crawfordsville.

The co-authors are Sens. Jim Buck; R-Kokomo; Greg Walker, R-Columbus; and Michael Young, R-Indianapolis.

The House passed the bill 90-7 with no amendments after its approval by the Committee on Employment, Labor and Pensions, chaired by Rep. Doug Gutwein, R-Francesville. The sponsor was Rep. Jerry Torr, R-Carmel Co-sponsor was Rep. Sue Ellspermann, R-Ferdinand.

H.B. 1379, authored by Rep. Jeff Thompson, R-Lizton, would make information about money going into the state retirement funds more transparent. HSPA favors this concept, which Thompson has filed in past session to no avail.

The bill died for lack of a hearing before the House Committee on Employment, Labor and Pensions, chaired by Rep. Doug Gutwein, R-Francesville.

S.B. 71, authored by Sen. Beverly Gard, R-Greenfield, established procedures for the Department of Natural Resources to approve a carbon dioxide transmission line.

HSPA questioned the pro-cess for reviewing confidential-ity requests but was assured by the DNR that requests are screened before any approval of a request for confidentiality.

The Senate approved the bill 39-10 after it was passed out of the Committee on Energy and Environmental Affairs, chaired by Sen. Beverly Gard, R-Greenfield. Co-authors were Sens. Brent Steele, R-Bedford, and Lindel Hume, D-Princeton.

House sponsor is Rep. Sean Eberhart, R-Shelbyville. The bill gained approval in the Committee on Natural Resources, chaired by Eber-hart. Co-sponsors are Reps. Kreg Battles, D-Vincennes; and Eric Koch, R-Bedford. The House then approved the bill 72-24.

Gard filed a concurrence motion, which was approved by the Senate 43-7.

S.B. 31, authored by Sen. Randy Head, R-Logansport, concerned option taxes for counties, cities and towns. It included a provision for a database of taxing unit bound-aries. HSPA wrote an amend-ment, which Head agreed to consider, that would clarify that the database would be available for inspection and

copying by citizens. The bill died though when Head decid-ed to withdraw the bill from legislative consideration.

H.B. 1211, authored by Rep. Eric Turner, R-Cicero, originally would allow for the expungement of certain misde-meanor or felony convictions. HSPA opposes this concept of closing court records.

HSPA was prepared to testify against the bill in its hearing before the House Committee on Courts and Criminal Code, chaired by Rep. Greg Steuerwald, R-Danville.

The committee amended the bill to have a summer interim committee look at the question of expungement. Co-sponsors are Rep. Bill Crawford, D-Indianapolis; Milo Smith, R-Columbus; and Matt Ubelhor, R-Bloomfield.

The Senate Committee on Corrections, Criminal, and Civil Matters, chaired by the bill’s sponsor, Sen. Brent Steele, R-Bedford, approved the bill.

On the Senate floor, Sen. Greg Taylor, D-Indianapolis, successfully amended the bill back into expungement language. Taylor and Sens. Dennis Kruse, R-Auburn, and Lonnie Randolph, D-East Chicago, are co-sponsors.

The Senate passed the amended bill 45-5.

Turner decided to concur with the House changes and, that motion passed in the House 74-14.

S.B. 561, authored by Sen. Brent Steele, R-Bedford, was the comprehensive sentencing reform bill. During its hear-ing before the Committee on Corrections, Criminal, and Civil Matters, chaired by Steele, an amendment adding language that would close off certain arrest and conviction records was added. HSPA opposes the closing of court records.

The Senate passed the bill 46-3. Co-authors of the bill include Sens. Richard Bray, R-Martinsville; Lindel Hume, D-Princeton; Ed Charbonneau, R-Valparaiso; Randy Head, R-Logansport; Greg Taylor, D-Indianapolis.

The sponsor of the bill was Rep. Ralph Foley, R-Martins-ville. HSPA testified against the court records-sealing lan-guage during the bill’s hearing before the Committee on Courts and Criminal Code, chaired by Rep. Greg Steuerwald, R-Danville, who was the co-sponsor. The bill died without a vote in that committee.

S.B. 142, authored by Sen. Lonnie Randolph, D-East Chicago, would have allowed a sentencing court to expunge the records of certain felony and misdemeanor convictions. HSPA opposes the closing of court records.

The bill died for lack of a hearing before the Committee on the Judiciary, chaired by Sen. Richard Bray, R-Martinsville.

S.B. 393, authored by Sen. Greg Taylor, D-Indianapolis, would have allowed expunge-ment of misdemeanor and fel-ony convictions. HSPA opposes the closing of arrest records.

The bill died for lack of a hearing before the Committee on Corrections, Criminal, and Civil Matters, chaired by Sen. Brent Steele, R-Bedford.

S.B. 392, authored by Sen. Greg Taylor, D-Indianapolis, would have allowed additional

situations in which a court may expunge arrest records. HSPA opposes the closing of arrest records.

The bill died for lack of a hearing before the Committee on Corrections, Criminal, and Civil Matters, chaired by Sen. Brent Steele, R-Bedford.

S.B. 407, authored by Sen. Earline Rogers, D-Gary, would have allowed for expunge-ment of certain arrest records. HSPA opposes the closing of arrest records.

The bill died for lack of a hearing before the Committee on Corrections, Criminal, and Civil Matters, chaired by Sen. Brent Steele, R-Bedford.

H.B. 1289, authored by Rep. Milo Smith, R-Columbus, would have allowed for expungement of certain felony convictions. HSPA opposes the closing a court records.

The bill died for lack of hear-ing in the House Committee on Courts and Criminal Code, chaired by Rep. Greg Steuerwald, R-Danville.

H.B. 1259, authored by Rep. Bob Morris, R-Fort Wayne, would have required county political chairmen to submit to county election boards names and addresses of precinct com-mitteemen and vice commit-teemen.

HSPA expressed its concern with confidentiality language that would hamper newsgath-ering efforts. Morris accepted a suggested amendment from HSPA to address the issue.

The bill died for lack of a hearing in the House Committee on Elections and Apportionment, chaired by Rep. Eric Koch, R-Bedford.

H.B. 1438, authored by Rep. Bruce Borders, R-Jasonville, concerned a national compact for sharing criminal infor-mation. HSPA asked about the bill’s impact on criminal history releases. Borders agreed to check on the ques-tion with the Indiana State Police, but it became moot when the bill died for lack of a hearing before the House Committee on Interstate and International Cooperation, chaired by Rep. Tom Knollman, R-North Liberty.

H.B. 1453, authored by Rep. David Yarde II, R-Garrett, would have created a dealer services division in the Indiana secretary of state’s office. HSPA raised a con-cern with copy fee language inconsistent with the Access to Public Records Act. Yarde worked with HSPA to craft an amendment to fix the problem.

Yarde successfully inserted the amendment during the bill’s hearing before the House Committee on Roads and Transportation, chaired by Rep. Ed Soliday, R-Valparaiso.

The bill died on the House floor with a 46-52 vote.

H.B. 1459, authored by Rep. Charlie Brown, D-Gary, involved a system of counting state inmates for U.S. Census purposes.

HSPA raised a concern over a provision making inmates’ last residential addresses secret. Brown agreed to amend the language if the Department of Correction approved with it. DOC attor-ney Tim Brown signed off on the HSPA-suggested change.

The bill died for lack of a hearing before the House Committee on Elections and Apportionment, chaired by Rep. Eric Koch, R-Bedford.

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