Week in Review: Smoking ban and education initiatives move

Committee hearings have come to a close as the Indiana General Assembly works toward a March 14 legislative session deadline. Legislation that moves through the second house without amendments will proceed to the governor for final consideration. Bills amended by the opposite chamber must return to the house of origin for consideration of changes made. This summary highlights some of the House bills that have gained approval in Senate committees or by the full Senate.

Statewide smoking ban

The Senate Public Policy Committee has approved HB 1149, a bill that would establish a statewide smoking ban in most public areas and places of employment. Exclusions in the bill include certain gaming facilities; cigar and hookah bars; fraternal, social and veterans’ clubs; tobacco stores; and cigar manufacturer facilities. Bars and taverns would have until September 15, 2013, to become smoke-free. The bill would make it a Class B infraction to violate the smoking prohibition or a Class A infraction if the person has committed three prior violations for smoking in restricted areas. In addition, the bill would prohibit firing or refusing to hire a person for reporting a violation, or exercising any right or performing any obligation under the smoking prohibition. Over the past several years, the smoking ban bill has passed the House, but never made it past Senate committee deliberations. HB 1149 now proceeds to the full Senate for further consideration.

New Family Friendly School Designation Program

Achieving student success through more parental involvement in schools is the goal of House Bill (HB) 1150. The bill seeks to urge parents to become more involved with student success by encouraging meaningful engagement in schools. HB 1150 would establish the Indiana Family Friendly School Designation Program and require the Department of Education to develop a program for designating certain schools as being “Family Friendly.” Any school could voluntarily seek the designation by demonstrating that the school provides multiple opportunities for parents to engage in educational activities and programs offered by the school that foster high student achievement. The bill will now advance to the Senate floor for consideration by the full body.

Week in review: Assistance for military service members, education initiatives, drug testing public assistance recipients and more

The Indiana General Assembly is moving rapidly through the second half of session as senators face a February 23 committee hearing deadline. Legislation that moves through the second house without amendments will proceed to the governor for final consideration. Bills amended by the opposite chamber must return to the house of origin for consideration of changes made. This summary highlights some of the bills now moving through the Senate.

Assistance for military service members

HB 1059 would extend financial assistance available to military service members and their families through the Military Family Relief Fund. The Senate Homeland Security, Transportation and Veterans Affairs Committee approved the bill, which would extend from one year to three years the time that a service member or a service member’s dependent may be eligible to receive assistance. Emergency grants up to $5,000 may be awarded to families in need of assistance for needs such as food, housing, utilities, medical services, transportation and other essential family support expenses. The relief fund is primarily funded through the sale of “Support Our Troops” license plates. As of August 31, 2011, the Indiana Department of Veterans’ Affairs reported that the fund had awarded approximately $751,000 to 262 families since it was created in 2007.

Home energy assistance

The Senate Tax and Fiscal Policy Committee approved HB 1141, which would restore the state sales tax exemption that expired in 2009 for home energy assistance acquired through the Low-Income Home Energy Assistance Program (LIHEAP). Under the bill, the home energy costs paid through the program would be exempt from June 30, 2012, to July 1, 2020. The state sales tax exemption allows more of the assistance funds to go directly to utility costs and weatherization efforts.

Indiana’s program is divided into two components: the Energy Assistance Program and the Weatherization Assistance Program. The program is primarily funded through the federal LIHEAP block grant.

Households earning up to 150 percent of the federal poverty level are eligible for assistance through LIHEAP. The most vulnerable persons—the disabled, elderly, and households with a child under six years of age—are given top priority. LIHEAP offset the costs of heating for approximately 168,000 low-income households in Indiana last year.

Mid-session review of Senate bills

Committee agendas in both chambers have been packed with bills awaiting initial hearings as lawmakers worked through mid-session committee deadlines. Senate bills not making it through the Senate committee process as of Friday, January 27, are considered dead for this session. Approved measures advance to the House and Senate floors where legislators have until Feb. 1 to vote on bills introduced in their respective chambers. Approved Senate bills will advance to the House for its consideration and House-passed initiatives will be under Senate review as of Feb. 6. Bills must pass both chambers before going to the governor for possible signature into law.

Many Senate proposals have gained committee approval and are moving through the process. This brief summary highlights some of the action taken by the Senate thus far.

Right to Work bill advances

Despite numerous objections by Senate Democrats, the Republican-controlled Indiana Senate voted 28 to 22 to approve Senate Bill (SB) 269, the controversial “Right to Work” bill. Senate Democrats argued that the legislation would be harmful to Indiana workers, working families and local economies by lowering average incomes statewide. Democrats also contended that the legislation is not necessary because of current federal protections for those who choose not to join organized labor, and that no concrete evidence has been presented indicating that the nonexistence of this policy has stifled job growth in the state. Nine Republicans voted with the 13 Democrats in the Senate in opposition to the bill. Several attempts by Democrats to amend the bill were also defeated including a proposed amendment to allow citizens to vote on the divisive issues in a public referendum. SB 269 now moves to the House for its consideration. Similar legislation, House Bill (HB) 1001, has been approved in the House.

Right to resist law enforcement unlawful entry

Following months of review in a summer study committee, legislation that would establish guidelines under which a person may lawfully use force against unlawful police entry into a person’s home has been approved by the Senate. SB 1 is in response to Barnes v. Indiana, a state Supreme Court decision handed down in 2011.  In Barnes, the Court ruled 3-2 that Indiana will not recognize the ‘Castle Doctrine,’ which is the common-law right to reasonably resist unlawful entry by police officers into a citizen’s residence. Public outcry over the ruling prompted lawmakers to review current law regarding this issue. Concerns have been expressed on how the law may be interpreted by citizens that could lead to dangerous situations for both the citizens and law enforcement officers. A Senate vote of 45-5 sent the measure to the House of Representatives for its consideration.

Tallian lays out next steps for marjiuana policy legislation

MEMORANDUM TO CONSTITUENTS ON MARIJUANA LEGISLATION – SB 347 

January 23, 2012

As you know, I brought forward the subject of Marijuana policy in Indiana in the 2011 legislative session.  This may have been the first time this subject was ever raised in the state legislature.  I requested a study of policy to be held during summer study sessions.    And, in fact, we did have such a study session, allowing a great number of people to testify.  This year, I introduced SB347 that had a number of provisions, including:

• eliminate felony possession of marijuana altogether;
• decriminalize possession of less than 3 ounces, and make it an infraction only;
• make possession of more than 3 ounces no more than a misdemeanor; and
• create an exemption for research institutions.

In addition, I have amendments to propose:

• allow for production of industrial hemp; and
• allow for a “free pass” for anyone who had a physician’s recommendation for medical marijuana use.

On Tuesday, January 24, 2012, this bill will be given a hearing.  However I was only able to secure a hearing with the understanding that the bill will not be voted on this year.  Keep in mind:  this is an election year.  Many of the people who would otherwise support this bill are concerned that they will not support it during a year when they are up for re-election and face stiff primary challenges by persons who may not be sympathetic to this issue.   I do not want to risk a “no” vote.  No vote is better than a recorded vote of “No” for the future viability of a bill.

Many of you may be disappointed.   Keep in mind:  I live in a world of political reality.  I am taking the steps necessary to keep this moving, even if it is by Slow Time.

I will continue to work on this issue.  All the polls that we have show a very strong support to change Indiana’s criminal laws on this issue.

Karen Tallian

To keep up to date on this issue in the future, follow http://INSenDems.wordpress.com/tag/marijuana/ and @INSenDems

Unusual joint Senate-House committee hears “Right to Work” bills

The Senate Pensions & Labor Committee and the House Employment, Labor & Pensions Committee met in an unusual joint session Friday morning to hear the controversial “Right to Work” bills now filed in each chamber. The Senate Bill was pushed through along a nearly party-line vote (6-4) with intense criticism by Democrats on both the process and substance. The House bill could not be amended or voted on since the absence of a House quorum during the first two days of session has prevented the bill from passing “first reading” – a requirement before action can take place in a standing committee.

• Senate Bill 269
• House Bill 1001

Senate Committee Chair Phil Boots (R-Crawfordsville) announced at the beginning of the meeting that no amendments would be allowed on SB 269 during this hearing, a highly unusual move for the proceedings of a Senate standing committee.Sen. Karen Tallian tried to propose an amendment that would remove the emergency clause on the bill to allow a full public vetting of the bill.

Listen to Sen. Tallian’s comments: “The Constitution of the State of Indiana basically says that no act should take effect until it has been published…”

Download: Tallian.RTWHearingAmendment.1612.MP3

Sen. Tim Skinner pointed out that, despite repeated requests, no company has come forward indicating that the absence of a RTW law has persuaded them not to relocate or create jobs in Indiana.

Listen to Sen. Skinner’s comments: “My question is, ‘What are your facts?’…

Download: Skinner.RTWhearing1.1611.MP3

Meanwhile, the NFL Players Association released a statement criticizing Indiana Republicans for pushing “Right to Work” legislation before the Super Bowl comes to Indianapolis in February, and also urging legislators in Indiana to oppose “right-to-work” and “focus instead on job creation.” The statement says “‘Right-to-work’ is a political ploy designed to destroy basic workers’ rights: “It’s not about jobs or rights, and it’s the wrong priority for Indiana.” The players go on to say, “This Super Bowl should be about celebrating the best of what Indianapolis has to offer, not about legislation that hurts the people of Indiana.”

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Budget Brief: Revenue Forecast

Indiana Revenue Forecast
April 15, 2011
State Budget Committee
Presentation by Jim Diffley, Chief Regional Economist IHS Global Insight

Materials:

• Revenue Forecast Presentation
• Medicaid Forecast Presentation
• More on the 2011 – 2013 Revenue Forecast and updates

INDIANA OUTLOOK:

• IN was among the growth leaders in early 2010, that has slipped away and we are more in the middle now. Recovery will be slow, but it is in motion.
• Indiana expected to have employment growth of 1.6-1.8%
• Estimate that IN will recover lost jobs by early 2014.
• Wage gains will be nominal.
• New car registrations will see small increase.
• Housing market will jump enormously. (Mostly because it was so slow past three years.)

Senate Republicans release their redistricting map proposals

This morning during the Senate Elections committee, the Senate Republicans released their proposed state senate and congressional maps.  The committee recessed, and no public input was taken.  The committee will reconvene on Wednesday afternoon to hear testimony.

 

Senate Republican proposed senate districts

Senate Republican proposed congressional districts

A view of Marion County senate districts under the Republican proposed maps

To view the Senate Democrats’ proposed Good Government state senate and congressional maps, go to www.Redistricting.IN.gov.

Senator Arnold discusses status of proposed smoking ban

Budget Brief: University presentations

The Senate Appropriations Committee heard presentations from state universities on Tuesday, March 29. The following are brief summaries of the testimony provided by each university before the committee.

The University of Southern Indiana (USI) Go to Summary
Ivy Tech Community College Go to Summary
Ball State University (BSU) Go to Summary
Purdue University (PU) Go to Summary
Vincennes University Go to Summary
Indiana State University Go to Summary
Indiana University (IU) Go to Summary

Budget Hearing: Horse Racing Commission, SSACI and CHE

On Thursday the Senate Appropriations Committee took testimony from the Commission for Higher Education (CHE), State Student Assistance Commission of Indiana (SSACI), and the Indiana Horse Racing Commission.

Commission For Higher Ed (CHE)

Funding: The CHE met the base rate suggested by the State Budget Agency at $13.7M below amount recommended in 2009. CHE remains committed to basing 5% of universities’ funding allocation off of their success in meeting the Performance Funding Formula (PFF) metrics.