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Request a DemoRepublicans push through limits on public access counselor’s authority
Republicans gave final legislative approval Wednesday to a proposal placing strict limits on what Indiana’s public access counselor can consider in reviewing open government questions from the general public and others.
The House voted 58-36 in favor of House Bill 1338, to which the limits on the access counselor were added without any public notice by a Senate committee last week.
The leader of that committee said his disagreements with the access counselor included a review three years ago of a complaint submitted by a person who was blocked from the senator’s political campaign Twitter account.
Supporters of the access counselor’s office argue the limits in the bill would hamstring its ability to answer questions about possible violations of the state’s open meetings and public records laws.
House endorses limits with only Republican support
The bill would allow the access counselor’s advisory opinions to consider only “the public access laws, as plainly written,” and “valid opinions of Indiana courts.”
Bill author J.D. Prescott, R-Union City, defended the changes as “common sense” and maintained that the counselor could still weigh in on situations where the law isn’t clear.
Only Republican House members voted in favor of the bill, which now goes to Gov. Eric Holcomb for consideration. Six Republicans joined all Democratic House members in casting “no” votes.
The Senate endorsed the bill Tuesday, a day after Republicans rejected an effort by Democrats to remove the access counselor limitations.
Holcomb’s office declined to comment on the bill Wednesday.
The public access counselor’s office, with two attorneys and one other staff member, issues dozens of advisory opinions each year in response to questions from the public, government officials and others. It has no authority to enforce the access laws or punish violators.
The bill “functionally guts” the access counselor’s ability to consider the context of a situation unless it has been directly addressed by the Legislature or court, said Amelia McClure, executive director of the Hoosier State Press Association.
Rep. Ed DeLaney, D-Indianapolis, also objected to a provision eliminating the access counselor’s four-year term and making the position one that serves “at the pleasure of the governor.”
DeLaney argued that change will make the access counselor vulnerable to political pressure in reviewing complaints.
“We're setting it up so that they can be fired if they don’t say exactly what we want,” DeLaney said. “It seems to me that this is a real step backwards for public access.”
The Legislature established the access counselor position in 1999 after a review by several newspapers found widespread violations of the public access laws by numerous local governments across the state.
Current access counselor Luke Britt was first appointed in 2013 by then-Gov. Mike Pence and reappointed by Gov. Eric Holcomb in 2017 and 2021.
Senator’s conflict with access counselor
Sen. Aaron Freeman, R-Indianapolis, last week expressed frustration with the access counselor’s advisory opinions when he first offered the amendment limiting the office.
Some conservatives criticized an opinion Britt released last fall in which he concluded the Hamilton East Public Library Board in Fishers violated the open meetings law when two board members met with their attorneys at a coffee shop.
That opinion came amid public debate over a push by conservative members of that board to review all youth-section books and move those with “inappropriate” content to adult sections.
Another action facing some conservative ire was an informal opinion Britt issued in December finding that the state Department of Health could stop releasing terminated pregnancy reports submitted by doctors following an abortion procedure.
Freeman told reporters Tuesday that one of his frustrations with the access counselor involved a complaint against him that Britt reviewed in 2021.
Freeman said his wife blocked from his campaign Twitter account a person who had posted a photo of their home and address in encouraging people to protest against him there.
Britt found that Freeman didn’t violate the law because the Twitter account was a personal or political one not subject to the public records law. But Freeman said he spent money on an attorney submitting a response to Britt that should not have been necessary.
“The law is very clear that outside accounts don’t count,” Freeman said. “So I never should have had to answer the thing. He should have summarily dismissed it and I never should have had to respond; the forcing me to respond was just completely unnecessary.”
Tom Davies is a Statehouse reporter for State Affairs Pro Indiana. Reach him at [email protected] or on X at @TomDaviesIND.
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$15B in 72 hours: ‘Our economy is on fire,’ says Commerce chief
A banner week for investment within Indiana has capped off the state’s biggest financial quarter in recent history, as three major companies agreed to deals estimated to bring in billions of dollars.
The state has long advertised itself as business-friendly, and its chief executive appeared thrilled by the week’s news.
“This is about $15 billion in about 72 hours,” Gov. Eric Holcomb told reporters on Friday. “This used to take four years to achieve.”
One announced project, an $11 billion Amazon Web Services data center in north-central Indiana, is the biggest single investment in the state’s history.
Google also broke ground on a $2 billion data center near Fort Wayne, while Toyota announced a $1.4 billion investment in its Princeton plant.
“Our economy is on fire,” Secretary of Commerce David Rosenberg said.
His agency, the Indiana Economic Development Corp., negotiated the deals. The state is offering millions of dollars in tax incentives in order to create some 1,500 new jobs.
“These industries bring generational change for families, putting more money in their pockets and allowing them the opportunity to have a better quality of life on their own,” Rosenberg said.
The projects
Amazon’s new data center will be built near New Carlisle. It’s expected to bring in at least 1,000 new jobs in the artificial intelligence and cloud storage sectors. No timetable for completion of the project was given.
According to Amazon, the company has invested $21.5 billion in Indiana since 2010, creating 26,000 full- and part-time jobs.
Google’s new data center will hire up to 200 new workers, the tech giant said, “in the coming years.”
Toyota will build a new assembly line that will assemble battery-operated SUVs by the end of 2025. It expects to add up to 340 new jobs to the plant, which Toyota said now employs more than 7,500.
The company has spent $8 billion on the Princeton plant since breaking ground in 1996, Toyota said.
The new projects’ figures represent early estimates and could change as they move forward.
Incentives aren’t the only factor
Rosenberg praised the Indiana General Assembly for passing legislation that allows the state to offer sales tax exemptions as a lure for new businesses. Both Amazon and Google will receive such boosts, and the Amazon project could receive up to $100 million in additional credits based on various incentives.
But Rosenberg stressed tax breaks are only part of the equation as the state looks to compete internationally.
“We don’t have to have the highest offer because we bring the university partners, the state and local governments, utilities — everyone around the table to make sure that company has what they need,” he said.
The Google project, for example, includes partnerships with Ivy Tech Community College on a new job training program and Indiana Michigan Power to bring clean energy resources to the local grid.
Recruiting new industries
Rosenberg said tech recruitment has been a particular focus for the IEDC, as Indiana is looking to provide an “ecosystem” for these companies to thrive off one another. The state’s semiconductor facilities will provide the materials needed for these new data centers, he noted.
Recruiting new business takes anywhere between six months to several years. Zoning, road construction, utilities and more need to be worked out ahead of time.
The IEDC has been on a hot streak, Rosenberg said. During the agency’s first 11 years, it secured just under $50 billion in new projects. It has now pulled in more than $71 billion since the beginning of 2022.
In the first four months of 2024, $20.68 billion has been pledged to projects in Indiana — the most for a quarter since IEDC’s founding in 2005.
‘Strong partners for the Indiana economy’
“The key is that these investments represent long-lasting and continued commitment to being strong partners for the Indiana economy,” said Andrew Butters, an associate professor of business economics and public policy at Indiana University’s Kelley School of Business.
Large companies came out of the pandemic looking to reorient their supply chains, Butters said, and some states have reaped the benefits of projects that might have previously moved overseas.
Indiana has been able to compete by selling its location, workforce, labor force participation in addition to offering incentives, Butters said.
“I would not be shocked to see more of these as the state attempts to transition toward more high-tech and high-skill industries,” Butters said.
Contact Rory Appleton on X at @roryehappleton or email him at [email protected].