To the editor:
The Hoosier State Press Association would like to thank Sen. Eric Koch for his willingness to work with us on a potential First Amendment issue concerning S.E.A. 471, which he authored. This bill attempts to protect critical infrastructure, such as power plants, from damage by protesters by creating new criminal offenses. HSPA expressed a concern with Sen. Koch that the language could put newspapers into a position of criminal liability while covering a protest if the reporter/photographer followed protesters onto private property (a power plant, for example) to report on the event. He indicated he had no desire to interfere with press freedom to gather news, while David Powell of the Indiana Prosecuting Attorneys Council said journalists would be arrested with the protesters if they were trespassing under this bill.
HSPA polled editors on its Freedom of Information Committee to see what direction they would give a journalist covering a protest that moved onto private party. The editors unanimously said they would instruct their writers and photographers not to cross over onto the private party attempting to cover the escalating protest. HSPA then reported to Sen. Koch that we would not attempt to amend the bill.
Both chambers passed S.E.A. 471 and it was signed by Gov. Holcomb on May 6.
HSPA also thanks Sen. Koch for his willingness to work with us on a public records issue concerning S.B. 222, also authored by him. This bill would have required local health departments or the health and hospital corporation to disclose certain information when a person is prohibited from working in a restaurant because he or she had a communicable or infectious disease.
HSPA raised a question on a provision keeping the person’s name secret to Sen. Koch. He brought Amy Kent of the state department of health into the discussion seeking a solution. No action was taken, though, as the bill died in the Senate Health and Provider Services Committee, chaired by Sen. Ed Charbonneau, R-Valparaiso.
HSPA also appreciates Sen. Koch for supporting H.E.A. 1116, authored by Rep. Mike Karickhoff, R-Kokomo. This bill includes a provision that allows governing bodies to meet in executive sessions under the state’s Open Door Law to discuss strategy concerning the sale or lease of publicly-owned property. Rep. Karickhoff reached out to HSPA prior to the legislative session to see if we could agree to a change that would allow government officials to explore ideas on how to better utilize publicly-owned property.
HSPA was originally concerned that the concept would open the door for a secret meeting, followed by a public meeting where a local landmark or treasured park was sold before residents had a chance to voice their opposition. HSPA worked with Karickhoff and Accelerate Indiana Municipalities (AIM) to make sure that the process would afford public comment before any public property could be sold or leased to another party.
The agreed-upon language preserves existing processes in I.C. 36-1-11 that requires an open process before a government unit can sell or lease property it owns. The new language was inserted into Karickhoff’s bill during its House Government and Regulatory Reform Committee hearing, chaired by Rep. Kevin Mahan, R-Hartford City. The committee voted for the bill, 12-0. H.E.A 1116 was then passed by the House 98-0. Reps. Mahan and Cherrish Pryor, D-Indianapolis, became co-authors.
The Senate passed it 47-1 with Sen. Koch’s “yes.” Gov. Eric Holcomb signed the bill into law on May 1. The new provisions in H.E.A. 1116 were to go into effect on July 1.
HSPA also appreciates Sen. Koch’s willingness to work with us on S.E.A. 472. We were concerned about language in this bill eliminating rate hearings by the Indiana Utility Regulatory Commission for small utility entities. Koch, the bill’s author, assured HSPA that hearings are still available — just not automatic. Rep. Ed Soliday, R-Valparaiso, was the bill sponsor. The bill was signed into law by Gov. Holcomb on May 5.
Respectfully,
Steve Key, executive director and general counsel, Hoosier State Press Association
