HB 1083-1_ Filed 04/05/2001, 09:56
Adopted 4/5/2001

COMMITTEE REPORT

MR. PRESIDENT:

    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. -->     Page 3, delete lines 21 through 42.
    Delete page 4.
    Page 5, delete lines 1 through 17, begin a new paragraph and insert:
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 the record.
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.        
".
SOURCE: Page 6, line 6; (01)CR108302.6. -->     Page 6, delete lines 6 through 11.
    Page 8, strike lines 2 through 5.
    Page 8, line 6, strike "(15)" and insert " (13)".
    Page 8, line 11, strike "(16)" and insert " (14)".
    Page 8, line 24, strike "(17)" and insert " (15)".
    Page 8, line 32, strike "(18)" and insert " (16)".
    Page 8, between lines 34 and 35, begin a new line block indented and insert:


        " (17) A communication or any part of a communication, regardless of the date the communication was created, sent by:
            (A) a member of the public to a public agency that contains information of a personal nature, if public disclosure of the information would constitute a clearly unwarranted invasion of personal privacy; or
            (B) a public agency to a member of the public in response to a communication described in clause (A).
        However, this subdivision does not apply to a communication or any part of a communication that is specifically required to be disclosed or specifically required to be kept confidential under a state statute, federal statute, or court order.
".
    Page 9, after line 29, begin a new paragraph and insert:
SOURCE: ; (01)CR108302.5. -->         "SECTION 5. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1083 as reprinted March 6, 2001.)

and when so amended that said bill do pass.

Committee Vote: Yeas 9, Nays 0.

____________________________________

    Merritt
Chairperson


CR108302/DI 87    2001