Infrastructure bills await committee hearings

Members of the Indiana Senate Democratic Caucus have filed a legislative package for the 2013 General Assembly to restore local roads and bridges. In 2010, the American Society of Civil Engineers gave Indiana a D+ rating for its infrastructure, with 77 percent of local roads in unsatisfactory condition.

Caucus members are actively seeking a committee hearing for bills that would give local governments the resources and authority needed to repair their infrastructure.

2013 Infrastructure legislation

Senate Bill 150: Highway revolving loan fund – Sen. Skinner

A revolving loan fund would provide low interest loans to counties and municipalities for certain construction projects, including construction of a bridge, culvert, highway, road or street.  The quality and maintenance of Indiana roads, bridges and other infrastructure is paramount to the state’s economic vitality and quality of life.

Senate Committee: Appropriations

Senate Bill 440: Gasoline sales tax for infrastructure funding – Sen. Skinner

Revenue from the sale of gas more than $3 would provide additional road and street projects for cities, towns and counties. The proposed legislation could create $50.4 million in funding for FY 2014, giving Indiana the ability to create more job growth within the state by investing in infrastructure development.

Senate Committee: Tax and Fiscal

To voice your support for this bill: Contact your State Senator and members of the Senate standing committee to which the bill has been assigned (see committee assignments at the end of each bill description). Contact information for every State Senator is available on the General Assembly’s website.

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.

Week 15 in review at the Indiana General Assembly

As the legislature moves into its final weeks, the pace has accelerated. Work on the state’s two-year budget plan and the completion of drawing new boundaries for the state’s legislative and congressional districts has intensified.

Joint House-Senate conference committees also have begun to meet to work out differences in bills that have moved through both chambers. Including two members appointed from each chamber and each political party, these committees work to develop compromise language when two different versions of a bill exist. Once a compromise is approved by all four members, the new language must gain approval of both chambers before advancing to the governor for final consideration.

The following brief report summarizes some of this week’s activities in the State Senate.

Mid-session review of Senate bills

This week was the mid-session deadline for Senate bills to advance out of the Senate. Beginning February 28, the Senate will begin work on House bills that were approved in that chamber. This brief summary includes highlights of a few of the 198 bills approved by the Senate that are now eligible for action in the House of Representatives:

Controversial bills restricting organized labor

Thousands of laborers, teachers and students came together at the Statehouse this week to rally against bills that would have a negative impact on working families, including measures that would restrict their ability to organize and limit collective bargaining with employers on a variety of topics.

Supporting our Schools: Common sense ideas to help schools bridge the gap

Senate Democrats released a package of proposals today that will provide more local control for school funding decisions and help Hoosiers directly support schools. The proposals provide common sense options to help schools close budget gaps without raising taxes or impacting the state budget.

At the heart of the proposal is an effort to restore local decision making by school corporations that have seen increasing state control since the state took over the school general fund. Before the general fund was transferred to the state, school funding decisions were made locally and supported by local property taxes.

We want to provide flexibility for teachers, administrators and parents to do what’s needed to protect instruction and programs, and to manage class sizes. That control should stay with the local officials, who know the corporation’s needs best. – Senate Democrat Leader Vi Simpson

In response to growing concern over the impact of a $300 million cut from K-12 school funding by Governor Mitch Daniels, the legislators said all creative solutions should be on the table.

The Senate Democrats’ package includes the following proposals:

School funding flexibility: Allows a school corporation to transfer up to 50 percent of the capital projects fund to its general fund with no stipulations.

A law approved in 2010 (HEA 1367) allows school corporations to transfer up to 10 percent of a capital projects fund balance to the general fund only if teachers agree to forgo raises. Allowing transfers without such stipulations empowers teachers, administrators and parents to work together to provide the best for students in a unified effort.

Individual tax refund donations: Allows individuals to donate part or all of their state income tax refunds to a fund benefitting an Indiana public school corporation or public education foundation by a check-off box on their tax return form.

Approximately 30,000 Hoosiers now use this option to donate to the Indiana Nongame Wildlife Fund each year.

Tax credits for donations to K-12 public education foundations: Expands to Indiana public education foundations eligibility for an existing tax credit program for donations to private school scholarship funds.

In 2009, the Indiana General Assembly approved a tax credit for 50 percent of each dollar contributed to organizations that grant scholarships to children attending private schools. (This provision was included in the budget bill HEA 1001.) By expanding the credit to individuals and corporations that donate to public education foundations, Hoosiers have more options and more students can benefit from private donations. The current cap of $2.5 million in tax credits available each year would remain.

Indiana’s public school education foundations and those who want to support them deserve the same treatment as a private school fund.

There are more than 50 public education foundations in local communities throughout Indiana. Public education foundation membership includes parents, educators and business leaders who collaborate on the local level to provide funds for innovative educational programs that motivate, recognize and appreciate students and teachers. Visit the Indiana Association of Public Education Foundations website for more info>>

Caucus members plan to co-author the package of proposals during the 2011 legislative session. For more information on Senate Democrats’ Education Priorities, visit senatedemocrats.in.gov>>

On to the referendum: Constitutional amendment for property tax caps

Today the Indiana Senate approved a resolution by a vote of 35-15 to place the already-enacted property tax caps into the state constitution. While one more vote in the General Assembly is needed to push this proposal on to the governor, the conventional wisdom at the statehouse is that this question will go to voters as a referendum this November.

What is most important now is that voters fully understand the proposal and the implications. There are a myriad of arguments for and against the caps themselves, and even more contention over placing the caps in the constitution.

A message from Senate Democrat Leader Vi Simpson on today’s vote

 

One of the prevailing concerns is that the long-term impact of the caps remains unknown. Let’s begin with a few questions we heard posed by lawmakers today…

• How do we know that the 1-2-3% caps are the right levels?
• If only 4% of the tax cap credits went to homeowners, is this the right answer?
• How will imminent cuts in local services impact residents?
• What is the impact on our farms and businesses which are now capped at higher levels than homesteads?
• Will the property tax caps hurt the state’s economic development efforts?
• Will the increases in the sales tax and local income taxes overcome the property tax savings realized for Hoosiers?