The Senate Committee on Governmental and Regulatory Affairs, to which was referred House Bill No. 1083, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:
SOURCE: Page 3, line 21; (01)CR108302.3. -->
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SOURCE: IC 5-14-3-1; (01)CR108302.2. --> "SECTION 2. IC 5-14-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. A fundamental philosophy of the American constitutional form of representative government is that government is the servant of the people and not their master. Accordingly, it is the public policy of the state that all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees. Providing persons with the information is an essential function of a representative government and an integral part of the routine duties of public officials and employees, whose duty it is to provide the information. Concurrently, this duty must be balanced against the constitutional rights of all citizens to instruct their representatives and to apply to the general assembly for redress of grievances. In protecting these rights, every effort must also be made to safeguard the equally important right of citizens to privacy in their communications with members of the general assembly. This chapter shall be liberally construed to
implement this policy and place the burden of proof for the
nondisclosure of a public record on the public agency that would deny
access to the record and not on the person seeking to inspect and copy
SOURCE: IC 5-14-3-1.5; (01)CR108302.3. --> SECTION 3. IC 5-14-3-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1.5. (a) The general assembly finds that the citizens of the state of Indiana have constitutional rights that shall not be impaired, either directly or indirectly. Among those rights is the freedom to speak and write freely, in the course of which citizens may instruct their elected representatives as well as seek a redress of grievances. Those citizens who are elected to serve in the general assembly have a corresponding right to receive information, whether it be oral, written, or in electronic form, and to consider and discuss freely that information among themselves, with a view towards enacting legislation that is the product of thoughtful, uninhibited debate and discussion.
(b) In accordance with Article 3, Section 1 and Article 4, Section 10 of the Constitution of the State of Indiana, this chapter applies to the legislative branch of state government as follows:
(1) To the house of representatives only to the extent expressly set out in law or in the Rules for the Government of the House that are adopted during, and applicable to, a term of the general assembly (as defined in IC 2-2.1-1-1 (2)).
(2) To the senate only to the extent expressly set out in law or in the Standing Rules and Orders of the Senate that are adopted during, and applicable to, a term of the general assembly (as defined in IC 2-1.1-1-1 (2)).
(3) To the legislative services agency to the extent expressly set out in personnel rules adopted by the legislative council. ".
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and when so amended that said bill do pass.
Committee Vote: Yeas 9, Nays 0.
CR108302/DI 87 2001