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Indiana Legislators Introduce Bills to Hide Information From the Public, Says SPJ


Contacts: Ray Marcano, SPJ president, 937/225-2323 or rmarcano@spj.org; Ian Marquand, SPJ Freedom of Information Committee chairman, 406/542-4400 or ian@kpax.com

INDIANAPOLIS — Two unprecedented bills flying through the Indiana Legislature would revoke public access to government records and should never become law, says the Society of Professional Journalists.

Senate Bill 436 would prevent the public from viewing autopsy photographs, videos and electronic recordings without first obtaining a court order. House Bill 1083 would exempt all state lawmakers from Indiana’s public records law, allowing legislators to block — at will — all letters, e-mails and other forms of communication from public view.

"What do Indiana lawmakers have to hide?" asked Ray Marcano, SPJ president and an assistant managing editor at the Dayton (Ohio) Daily News. "These irresponsible attempts to shield information from public view should outrage a public used to living in a free and open society. If these laws pass, Indiana lawmakers are saying, ‘Elect us so we can do what we want, when we want to, without public scrutiny.’ This is worse than a slap in the face; it’s a kick in a gut to anyone who believes they have the right to inspect public information."

Marcano, on behalf of SPJ and its 10,000 members nationwide, sent a letter today to Indiana Gov. Frank O’Bannon, requesting a personal meeting with the governor to discuss SPJ’s opposition to these bills. Marcano also issued March 8 a letter to O’Bannon regarding HB 1083, asking for the governor’s support in keeping records open to the public.

A few states in the nation already have laws that exempt legislators from open records laws. If Indiana passes its proposed exemption law, it will become the eighth state in the nation to do so, a frightening trend.

O’Bannon has said he will consider vetoing legislation that revokes open records laws. Both the exemption and the autopsy records measures, however, are gaining support in the House and Senate, and a simple majority vote from both state legislative bodies can override the governor’s veto.

The Indiana Senate approved April 5 an amendment to SB 436 that would prevent the public from viewing autopsy records without first obtaining a court order. The amendment, introduced by Rep. James Buck, R-Kokomo, mimics a Florida state law passed March 29. Florida passed its new law after a heated open records battle over the autopsy photos of NASCAR legend Dale Earnhardt, who died Feb. 18 in a crash at Daytona International Speedway. The Orlando Sentinel has filed a lawsuit to prevent the Florida law from being enforced, and SPJ stands behind the newspaper in its battle to maintain open records in the state. SB 436 — before the amendment — originally was meant to reimburse counties for autopsies performed in other parts of the state.

The Indiana Senate’s Government and Regulatory Affairs Committee voted April 4 to approve HB1083 and expand it to exempt the Legislature from Indiana public records laws. This measure would allow members of the Indiana House and Senate to make their own rules on which records they choose to disclose to the public. HB 1083, introduced by Rep. Jeff Thompson, R-Danville, passed March 6 in the Indiana House and originally revoked the public’s right to government officials’ e-mail and Internet documents, a proposal SPJ strongly opposed.

"It amazes me that Indiana lawmakers want to exempt themselves from public records law in the name of protecting the privacy of their constituents," said Ian Marquand, SPJ Freedom of Information Committee chairman and special projects coordinator for KPAX TV in Montana. "The whole point of public access laws is to allow citizens to monitor what their representatives and officials are doing. The Legislature is trying to protect its own interests, not the public’s. Gov. O’Bannon should throw this bill back. And while he’s at it, he can reject the NASCAR protection bill, too."


The complete text of SPJ’s April 6 letter to Indiana Gov. Frank O’Bannon (below)

For the complete text of Senate Bill 436.

The complete text of Indiana House Bill 1083.

For The Indianapolis Star’s April 6 news article on the autopsy photo bill.

For The Indianapolis Star’s April 5 news article on the Legislature’s attempt to exempt itself from Indiana’s public records laws, go to.


Indiana residents — How to contact your state senators and representatives.

Friday, April 6, 2001
Gov. Frank O’Bannon
Office of the Governor
State House, Room 206
Indianapolis, IN 46204

Dear Gov. O’Bannon,

In March, the Society of Professional Journalists wrote to you to express its great concern about the General Assembly’s unprecedented efforts to shield government officials’ e-mails and Internet records from the public.

Since then, legislators have taken two more steps that deeply concern the Society. First, the Legislature has announced that it wants to exempt itself from the state’s open records law.
Second, lawmakers want to exempt autopsy photos from the state’s open records law.

It seems lawmakers are intent on restricting public access. This not only concerns journalists but Indiana residents as well.

These proposed restrictions are deeply troubling, and I respectfully request a meeting with you to personally convey our concerns. Such a meeting, of course, would be at your convenience. I would respectfully request to bring along a small delegation of SPJ representatives, most likely our immediate past president, president-elect and executive director.

A member of your staff I can reach me (937) 225-2323 or via e-mail at rmarcano@coxohio.com. A message also can be left with Sarah Shrode, SPJ communications director, at (317) 927-8000 ext. 217. I will follow up with a phone call to your office on Monday, April 9.

The Society of Professional Journalists is the nation’s largest journalism organization, representing not only working journalists — in print, online and broadcast — but also academics, high school and college students, public relations professionals, media attorneys and government officials.

Our members adhere to common goals — protecting the public interest and ensuring that ethical and credible professionals report the news.

Thank you very much for your time and consideration. The leaders and members of SPJ look forward to your reply.


Ray Marcano, National Board President
Society of Professional Journalists

cc: James Maguire, chief of staff for the governor;
Robert Kovach, legislative director for the governor;
Thad Nation, press secretary to the governor;
President Pro Tempore Bob Garton;
Democratic Floor Leader Richard Young;
Speaker of the House John R. Gregg;
House Republican Leader Brian Bosma;
Rep. Jeff Thompson;
Rep. James Buck; Sen. James Merritt

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