2012 Session concludes: Smoking Ban, Funding for Full-day Kindergarten, other key issues pass

The 2012 session of the Indiana General Assembly ended early Saturday morning. With 27 bills already delivered to the governor and signed into law, many more measures were approved on Friday and are now on their way to his office. Read below for highlights of important legislation that came before the 2012 General Assembly:

New Enrolled Acts

RIGHT TO WORK:

House Enrolled Act 1001, the so-called “Right to Work” bill, was approved by the General Assembly early in the 2012 legislative session and signed immediately by the governor. In the Senate, an unorthodox schedule was employed to get the House bill through the chamber. The law bans unions from requiring any employees to pay union fees. Questions were raised regarding the substance and impact of the bill as well as the shortcuts and limited debate by which the legislation was moved through the process. Democrats also contend “Right to Work” states generally pay lower wages and include fewer benefits, affecting all employees in the state and local economies.

HUMAN TRAFFICKING:

Senate Enrolled Act 4 strengthens the state’s human trafficking laws by eliminating loopholes and making it easier to prosecute offenders with the removal of a requirement to prove force or fraud. The legislation also includes a clause that blocks offenders from citing consent as a defense. Penalties are increased with new language geared to protect children specifically, stating that any person who recruits, harbors, or transports a child less than 16 years of age with the intent of engaging the child in forced labor, involuntary servitude, prostitution or sexual conduct commits promotion of human trafficking of a minor, a Class B felony punishable by six to 20 years in prison. Further, the new law makes it illegal for any adult to sell or transfer custody of a child for sexual activity, expanding old law that only applied to a child’s parent, guardian or custodian.

INVESTMENTS WITH IRAN:

The governor signed into law Senate Enrolled Act 231, which limits state dollars from investment activities with Iran. The bill restricts agencies of state government, state educational institutions and political subdivisions from investing with persons or financial institutions that invest in Iran. This legislation also requires the Indiana Department of Administration to make public a list of people who engage in such investment activities. Those companies that find themselves on Indiana’s list will be prohibited from renewing or starting new contracts with any state department.

Enrolled acts; Sent to governor

SMOKING BAN:

House Enrolled Act 1149, the statewide smoking ban, is on its way to the governor for final consideration. The ban would cover most public places, including restaurants, and would permit cities, towns and counties to pass stricter standards. The final version of Indiana’s first statewide smoking ban would exempt bars and taverns, private and fraternal clubs, established cigar and hookah bars and gaming facilities.

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.

Photos: Organization Day 2011

Organization Day, the first official day of the Indiana General Assembly’s 2012 legislative session, was held on November 22. Traditionally held in mid-November, Organization Day provides an opportunity for new rules to be adopted and for legislators to make arrangements for the upcoming legislative session. The Indiana Senate and House of Representatives now stand in recess and will reconvene on January 4, 2012.

Members of the Senate Democrat Caucus during Organization Day.

Senators Tim Skinner and Greg Taylor.

Senators Vi Simpson and Tim Lanane.

Sen. Jean Breaux working at her desk during Organization Day.

Organization Day 2011

Today is Organization Day, the first official day of the Indiana General Assembly’s 2012 legislative session. The Senate will convene at 1:30 p.m. and the House of Representatives will convene at 1 p.m. Check back today for more coverage and photos of today’s activities.

Hot Topics for the 2012 legislative session

Throughout the summer and fall when the Indiana General Assembly was not in session, numerous interim committees and commissions were convened to conduct in-depth research and analysis on complex issues facing the state. The recommendations of the committees have been released, which are likely to become bills when the next legislative session begins in January.  Below are highlights of the topics discussed and final recommendations from several interim study committees.

Economic Development:

Recommendations from the Interim Study Committee on Economic Development focus on creating stronger ties between the state’s colleges and universities to provide a better trained workforce and stronger marketing for the state’s economic regions. There can be many advantages for workers, local businesses and communities by making the connection between worker training and targeted industries, especially the manufacturing, defense, and technology industries.

Online Sales Tax:

The Commission on State Tax and Financing Policy concluded interim hearings that had centered on leveling the playing field for Indiana businesses. Retailers with a physical presence in the state are required to collect 7 percent sales tax on every sale. Online businesses with no Indiana storefront are not required to collect the sales tax; the responsibility is on consumers to remit the tax on their annual income taxes. This puts local businesses at an undue disadvantage and causes the state to lose an estimated $200 to $400 million annually in uncollected online sales tax revenue. A federal solution is being considered, but Indiana could move forward on it’s own policy as other states like Texas and California have. The state commission did not make a formal recommendation on the issue, but a proposal to require sales tax collection by all online retailers is expected for the 2012 session.

Military and Veteran Affairs:

Veteran-owned businesses could benefit from new set-aside programs and procurement preferences under legislation that will likely be considered in 2012. The Commission on Military and Veterans Affairs has recommended a bill that would require the Indiana Department of Veterans Affairs in consultation with the Indiana Department of Administration to recommend how such programs could best be utilized in Indiana.

The commission also recommended legislation that would include members of the Indiana National Guard in the list of qualified service members eligible to receive assistance payments from the Military Family Relief Fund. They also recommended legislation to extend the period for assistance payments from the Military Family Relief Fund from 1 year to 3 years after the service member’s active duty ends.

FSSA Hybrid Update

On August 23, 2011, the Family and Social Services Agency (FSSA) gave an update to the Joint Commission on Medicaid Oversight on the “hybrid” system for social services eligibility determination.  View FSSA’s presentation here.

Progress of the “Hybrid” conversion

Five of the seven FSSA regions have transitioned to the hybrid system.  Click on the map to view in greater detail.

The two remaining regions are:

• Tippecanoe and Wayne counties, which are scheduled for roll out in late 2011
• Marion County, which is scheduled for roll out in February 2012

May 2010: More on the history of the hybrid roll out >>

Dec. 2009: FSSA presentation on privatization costs and the hybrid plan>>

System Performance Update

FSSA reported that overall performance of application processing has improved with the transition to the hybrid process.  When IBM was processing applications, FSSA reports that 77% were processed timely, whereas now 88% are processed timely.  The number of days FSSA has to process an application varies by benefit applied for.

In addition, Indiana has moved from number 53 to number 10 in the nation for reducing the number of cases inaccurately determined to be eligible.  Indiana has moved from 45 in the nation to number 12 for reducing the number of cases inaccurately determined to be ineligible.

Background

In December 2006, Indiana signed a 10-year contract with IBM to modernize the State’s eligibility process for Temporary Assistance to Needy Families (TANF), the Supplemental Nutrition and Assistance Program (SNAP), and Medicaid.  The project transferred a majority of State employees to private contractors and modified the application process to move away from an in-person caseworker system to an online application, centralized call centers, and faxing or mailing required documents.

After the failure of the “modernization” project, the state ultimately canceled the contract with IBM and is now in a court battle with the company.

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.

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.

End of session: state budget, education reform and other contentious issues approved

The 2011 session of the Indiana General Assembly ended on Friday evening before the midnight deadline. With nearly a hundred bills already delivered to the governor, many more measures were approved on Friday and are now on their way to his office.

State budget:

The General Assembly’s biggest task this year was approving a new two-year budget for the state. Traditionally one of the last bills to gain approval, details on House Enrolled Act 1001 were finalized on Thursday evening and approved on Friday by a vote of 37 to 13 in the Senate.

The two-year budget appropriates $13.8 billion in fiscal year 2012 and $14.2 billion in fiscal year 2013. The budget sets aside enough funds to keep $1 billion in total reserves by July 2013. Democrats argued that the reserve target was more than needed, particularly since the savings will come at the expense of services for disabled and elderly residents as well as job creation programs.