2011 Focus: Laws affecting military members and veterans

Sen. Young and Sen. Breaux greet Indiana National Guard Adjutant Major General Umbarger

A number of measures were considered by the General Assembly in 2011 affecting Hoosier veterans, members of the military and their families.

Among the enacted legislation is a new law that will reduce the university tuition benefit provided to children of disabled veterans under an existing state program. Under HEA 577 , the benefit is now based on the parent’s disability level as determined by the VA. Since 1935, Indiana has paid 100% tuition and normal fees for the children of disabled or deceased vets for post-secondary education at a state college or university. Under the new plan, the amount of the benefit will be equal to the parent’s percentage of disability plus 20%, with a maximum of 100%. For a veteran with a 10% disability rating, for example, the child’s tuition benefit will be 30%. This change was originally proposed to take effect for all current and future students in 2011. After push-back by Senate Democrats and other legislators as well as a significant negative response from constituents and veterans’ groups, the children of veterans and current service members were grandfathered in under the existing rules.

Other changes approved this year for this program will require children using the scholarship to be younger than 32 years old, require that the parents live in Indiana and that students maintain a minimum grade-point average. The act will affect the children of service members enlisted after June 30, 2011. Children of service members and veterans enlisted before July 1, 2011, remain eligible for the 100% tuition benefit.

HEA 1109 allows service member to use a photo ID  issued by the United States Department of Defense, a branch of the uniformed services, the Merchant Marine Academy, or the National Guard as legal identification for voting. The act requires the Bureau Motor Vehicles to put an indication of an individual’s status as a veteran of the armed forces on an individual’s license, permit, or ID if the individual requests such and provides the appropriate documentation.

HEA 1183 prompts a study by the Interim  Commission on Military and Veterans Affairs on Indiana businesses owned by service members and veterans and a review of how other states assist in their creation and success. The commission has until November 1, 2011, to report their findings to the Legislative Council. Recommendations by the commission will likely become legislation for the 2012 legislature to consider. (Read more about HEA 1183′s “Buy Local” provisions>>)

“Buy local” program for state government

HEA 1183 expands the opportunity for local Hoosier businesses to gain contract opportunities with the state. By giving in-state business a preference in the bidding process, the new law promotes the idea that state agencies will be able to use their purchasing power to help Indiana companies that employ Hoosiers and contribute to local economies.

Approved with bipartisan support, the new law provides a preference for purchases made by a state agency for supplies that are manufactured, assembled or produced by an Indiana business located within the state. It also provides a preference for agriculture products grown or processed in Indiana. The governor recently signed this act into law, and it will become effective on July 1.

How it works…

Price preferences make “preferred” bids more competitive by subtracting a certain percentage from the bid price during the evaluation process. For example, if an Indiana business offers to do a job for $30,000 and the price preference is 3%, then when the state evaluates the bidders they will evaluate the Indiana business as if they offered to accept the project for $29,100 (3% less than $30,000). The state would still pay the contractor $30,000 for their services, but using this formula during the bidding process gives the Indiana business a competitive edge above out-of-state companies.

In order to be eligible for this price preference, an Indiana business must offer to provide supplies manufactured, assembled or produced in Indiana. The business must also be a “defined Indiana Business” as determined by the Indiana Department of Administration. A detailed explanation of this definition can be found at the IDOA website.

HEA 1183 provides for four levels of preference:

• 10% for purchasing agriculture products that are grown, produced or processed within Indiana
• 3% for purchases expected by the state agency to be less than $500,000
• 2% for purchases between $500,000 and $1 million
• 1% for purchases expected to be $1 million or more

Preference for veteran-owned businesses

Finally, the act also directs the Commission on Military and Veterans’ Affairs to study the issue of veterans’ procurement preferences and report its findings to the General Assembly by November 1 of this year. This will give legislators the opportunity to hear how other states implement preference for veteran-owned Indiana businesses. The commission is expected to recommend changes for the 2012 legislature to consider.

Indiana unemployment rate drops to 8.2% in April 2011

On Friday, the Indiana Department of Workforce Development (DWD) announced that Indiana’s unemployment rate for April 2011 again dropped by a small margin. The Hoosier unemployment rate now stands at 8.2 percent, down 0.3 percent from March’s rate of 8.5 percent.

Indiana’s unemployment rate continues to sit below the U.S. rate of 9 percent, and stands lower than neighboring states Illinois (8.7 percent), Ohio (8.6 percent), Kentucky (10 percent) and Michigan (10.2 percent).

• County with the highest unemployment rate: Fayette – 11.7%
  
• County with the lowest unemployment rate: Daviess – 4.9%
  

Employment Report (LAUS)

• Labor Force Estimates for U.S., Indiana, MSAs, Counties, Cities
• Ranking of Indiana Counties by Unemployment Rate
• Indiana County Map with Unemployment Rates

Jobs Report (CES)

• Seasonally-Adjusted Employment Table for Indiana
• Non-Seasonally-Adjusted Employment Table for Indiana
• Detail Employment Listing- Stateside & MSAs

Video: 2011 Session in Review Slideshow

The 2011 legislative session of the 117th Indiana General Assembly ended on April 29th, and 231 bills were sent to the governor’s desk for final action.  Click below to view the Session in Review slideshow to learn more about some of the issues that were covered during the legislative session.

2011 Focus: New carding law for alcohol sales

The Indiana General Assembly considered several measures related to alcohol sales and regulation. The following summary briefly describes one bill that was approved and two others that failed this year.

Find all of the new laws on the Governor’s Bill Watch>>

Carding for alcohol purchases: The legislature amended a 2010 law requiring retail clerks to verify the age of any customer purchasing alcohol for carry out. As of July 1, 2011, Senate Enrolled Act (SEA) 78 changes the ID requirement to only apply to customers who reasonably appear to be younger than 40 years old. Keep in mind, this law and the July 1 change only affect carry-out purchases. Restaurants and stores may have stricter policies for serving or selling alcohol.

The act also specifies that only members of the Alcohol and Tobacco Commission may conduct random inspections of facilities that sell or distribute alcohol. In the past, state police, sheriff’s deputies and municipal police officers were also authorized to make random and unannounced inspections.

Final Votes
Senate: 48-2
House: 85-10
Governor: Signed on May 13, 2011

Sunday sales: A proposal to allow Sunday alcohol sales, Senate Bill 197, did not survive the first round of legislative action this year. The bill did not receive a hearing in the Senate Committee on Public Policy.*

Alcohol sales at the state fair: A new proposal considered this year would have allowed limited alcohol sales at the Indiana State Fair. Under House Bill 1093, priority could have been given to the state’s agriculture industry, with speculation that fairground offerings could have been limited to products from Indiana wineries and microbrewers. That bill did not receive a hearing in the House Committee on Public Policy.*

*Note: The decision to hear a bill in a legislative committee is made by that committee’s chairperson. See a list of the Senate and House Standing committees, members, and the bills assigned to each committee in 2011>>

2011 Focus: Texting and do not call list

The Indiana General Assembly considered several measures related to cell phone usage, and the following summary briefly describes two of the bills that were approved.

Find all of the new laws on the Governor’s Bill Watch>>

Texting: House Enrolled Act 1129 stipulates a Class C infraction, which carries a $500 fine, for drivers who are found to be using a cell phone or other telecommunications device to type, transmit or read a text or email message while driving. Use of hands-free devices, however, is permitted under the act. The measure would not infringe upon a driver’s ability to talk on the phone while driving.

Final Votes
House: vote of 82-11
Senate: vote of 26-24
Governor:  Signed May 10, 2011

Cell phones on Do Not Call list: House Enrolled Act 1273 will allow cell phone numbers to be included on the state’s Do Not Call registry, a popular program administered by the Indiana Attorney General’s office and provided free of charge to Indiana residents. Under the new statute, in addition to a landline, Indiana residents can register any wireless or VOIP telephone number associated with their residential address or a prepaid wireless number that is primarily used in Indiana. Telemarketers who call a cell phone number registered on the Do Not Call list will face the same penalties as those who call a registered land line. Registration is available by calling 1.888.834.9969 or online at www.IndianaConsumer.com.

Final Votes
Senate: vote of 50-0
House:  vote of 94-0
Governor:  Signed May 13, 2011

2011 Focus: Employment-related bills

The Indiana General Assembly considered a number of measures related to the workplace, and the following summary briefly describes some of the bills that were approved.

• Find all of the new laws on the Governor’s Bill Watch>>
  

Indiana Business Price Preferences:  One of the few bills approve this year that may directly help small businesses and their employees in Indiana,  House Enrolled Act (HEA) 1183 provides an additional preference for purchases made by a state agency for supplies manufactured, assembled, or produced by an Indiana business in Indiana.  The act also allows a 10% price preference for agricultural products grown in Indiana.

Final Votes
House: vote of 77-0
Senate: vote of 49-1
Governor: Signed May 9, 2011

“Right to Work”: After weeks of protests at the Statehouse by thousands of laborers, teachers and students over bills that would have a negative impact on working families, at least one compromise was reached over the “Right to Work” measure proposed by House Republicans. In it’s original form, House Bill (HB) 1468 would have made it illegal for a group of unionized workers to require each employee who enjoys the benefits of a negotiated contract’s terms to pay organizational dues for negotiation and policing the contract. While the bill has been portrayed as a matter of employee choice, the National Labor Relations Act within federal law already affords protection for workers from forced union membership.

An agreement to put this bill aside and move the topic to a summer legislative study, not a change in state law, was one factor in the House Democrats return to the Statehouse in late March. Look for the topic to be discussed this summer in a legislative study committee.

Vetoes: HEA 1117 & SEA 215

Governor Daniels has vetoed two bills from the 2011 legislative session.

HEA 1177: VETOED on May 10

Governor’s message:

“I have chosen to veto HEA 1177, which would require that the majority of the members of the board of trustees of both Indiana University and Ball State University be residents of Indiana, and that all members of the I.U. board be citizens of the United States.

“While in practice this may always be the case, to require it by law expresses a narrow and provincial outlook inconsistent with the global role and stature we hope these schools will aspire to and attain. Also, the day may well come when these world-class institutions will want to include illustrious alumni from around the globe on their boards. The universities should not be denied such opportunities, nor future governors prohibited from making such appointments.”

SEA 215: VETOED on May 13

Governor’s message:

“After some reflection, I have decided to veto SEA 215 as violative of the Indiana Constitution, which provides that the proceeds from “all forfeitures” shall go to the Common School fund.

“The Indiana Supreme Court, on April 27, reinforced that point, possibly excepting the “limited diversion” of the actual expenses of obtaining those proceeds.  Fairness to the General Assembly requires noting that legislators did not have the benefit of the court’s opinion, which was issued in the session’s final days.

“This bill would take more than ninety cents of every dollar collected through forfeiture for the “expense of collection” rather than sending it to the Common School fund.  That is unwarranted as policy and constitutionally unacceptable in light of the Supreme Court’s recent guidance and the plain language of Article 8, Section 2 of the Indiana Constitution.”

To check the status of bills, visit the governor’s 2011 Bill Watch>>

Getting to know Senator Tim Skinner- candid thoughts on the legislative process

Elected to the State Senate in 2002, Tim Skinner is a teacher of economics, government and geography at West Vigo High School in Terre Haute. Prior to joining the General Assembly, he served on the Vigo County Council.

What were some of the biggest issues facing Indiana when you were considering running for the senate?
Education was my biggest issue. My goal before becoming a senator was to try and do something positive for students and schools. I wanted to help draft legislation that would increase graduation rates, improve the quality of education in Indiana and ensure that education was adequately funded.
This year in particular has been devastating for public education. Morale is as bad as I have ever seen it at my school due to the anti-teacher legislation coming from the statehouse.

Can you highlight some of the legislation you worked on this year?
I have worked extensively on legislation to address the huge methamphetamine problem plaguing my district. I have been trying to make medications used to make meth available by prescription only. This year my bill on that issue didn’t get a hearing in the Senate. However, we did have a good discussion that provided education to members of the Senate on how much meth costs our state. I intend to bring this legislation back.

During this legislative session, what are some of the issues you fought for that could affect people living in District 38?
We have talked about everything this session except jobs. The governor has ignored the major issue of promoting job creation, and you’d think he’d be doing anything he could to get jobs in our state. Instead he’s been picking on teachers and workers.
My constituents have been very vocal in crackerbarrel sessions (public meetings) this year. They are also constantly communicating with me via email. I’ve noticed huge masses of people jumping on the governor’s education reform.

I’ve also received a lot of calls about the governor cutting the CHOICE program. There are rural health clinics in my district, and my constituents are very concerned about there being enough money to keep these vital services available.

How would you encourage people to get involved with the legislative process and engage with you as their State Senator?
People need to make themselves aware of the issues, and I’ve seen an improvement of that this year compared to past years. People who are newly engaged in the political process need to take action. More than 600 teachers and union members attended one of the crackerbarrel meetings in Terre Haute this spring and they did a great job of expressing their concerns. Now they need to go to the polls and vote with their convictions. Every teacher and union member should realize how important their vote is after this session.

Sen. Simpson looks forward to 2012 legislative session