Weekly Legislative Update 03/02/2023

You can make a difference

“Several Northwest Indiana lawmakers are hosting town hall-style meetings Saturday to update their constituents on the work of the 2023 General Assembly at the midpoint of the Legislature’s annual session.
In Lake County, three representatives and one senator will speak at noon in the Savannah Center at Indiana University Northwest, 3400 Broadway, Gary, about proposed new laws advancing in the Indiana House and Senate. Scheduled to participate are Sen. Eddie Melton, D-Gary; and Reps. Earl Harris Jr., D-East Chicago, Ragen Hatcher, D-Gary, and Vernon Smith, D-Gary.
In Porter County, Sen. Rodney Pol, D-Chesterton, is hosting constituent meetings at 1 p.m. at Chesterton Town Hall, 726 Broadway Ave., and at 3 p.m. at Michigan City Library, 100 E. Fourth St.” (NWI Times)
Indiana

Join Congressman Frank Mrvan for a Community Day of Action at the Food Bank of NWI, 6490 Broadway, Merrillville, on March 31, 9-11am. RSVP: judy@mrvanforcongress.com

These bills have passed their respective chambers. Please make your voice heard.
House Bill 1407 Parental rights
This bill includes a “quasi-parents bill of rights, declaring that parents have “the fundamental right to direct” how they raise their children. That includes physical and mental health, education, and any other “inalienable rights” not specifically ceded legally. Government, it says, can’t “infringe” without a good reason.” (Indiana Capital Chronicle)
The House passed it 58-33, with mostly Democrats and several Republicans voting against. View the vote.
Goes to the Senate next. Contact your senator.

Senate Bill 480 Gender transition procedures for minors
This bill “will prohibit transgender children from receiving gender-affirming surgeries, hormonal therapy and other medications.” (Statehouse File) It passed 36-12 late Tuesday after an 8 hour session. View the vote.
Goes to the House next Contact your representative.

“It’s not yet clear how the parental rights set to be guaranteed by the House proposal [House Bill 1407] comport with the denial of health care for transgender children in the Senate plan [Senate Bill 480 ], if parents truly are free to direct the health care of their child without unnecessary state infringement.”
(NWI Times)

House Bill 1608
This bill prohibits any human sexuality instruction to children in kindergarten through 3rd grade at all public and charter schools in the state.
[It] additionally bars school personnel from using a name, pronoun, title or another word to identify a student if it’s inconsistent with the child’s biological sex, and obligates the school to “out” any student to his or her parents if the child requests to be identified by an alternative name or pronoun.
(NWI Times) Passed 65-29. View the vote.

Senate Bill 12 Harmful material to minors
This bill  The bill would remove existing legal defenses schools and school libraries may use when locally determining educational materials. The Indiana State Teachers Association makes it easy to take action. Click here
This bill passed 37-12 after a marathon session on Tuesday, the last day before a short break. View the vote.
The president of the Indiana State Teacher Association said, “‘SB 12 opens teachers and librarians to criminal prosecution over their choice in educational materials…[Teachers,] knowing they could be arrested, will shy away from any materials that could be remotely considered controversial. This bill limits teachers’ ability to challenge and engage their students—creating a poorer educational experience for everyone involved. ISTA will continue to urge legislators to listen to the majority of parents and educators on this issue and oppose SB 12.”
The main issue for opponents was that the bill’s language did not define “inappropriate” or “harmful,” leaving it up to people’s subjective opinions and subjecting schools and librarians with constant threat of legal trouble.” 
Please note: Our voices matter. “Near exact copies of SB 12 have been seen by the Senate for the last three years. Last year, a similar bill passed through the Senate but was not heard before the House Chamber
(Statehouse File) .” Read excellent comments from local Senator Rodney Pol and others that may help when you are composing your letters and readying your phone calls: WFYI
Contact your representative

Indiana

House Bill 1001 State budget
“Indiana Republicans passed their $43.3 billion budget proposal without any Democrat support, with the minority party denouncing the millions earmarked to expand school vouchers.
“We’ve gotten rid of the whole idea that this is based on poverty or even based on bad schools,” Rep. Ed DeLaney, D-Indianapolis, said. “In my view, we’ve turned the voucher program into an entitlement. A vast, new entitlement for people who are doing pretty darn well in life.”” (Indiana Capital Chronicle)
“Indiana taxpayers would more than double their spending on the state’s “school choice” voucher program under the latest budget proposal released Friday by House Republicans.
Expanded eligibility for the Choice Scholarship program — which allows families to receive vouchers to attend private schools — would raise the income ceiling to 400% of the amount required for a student to qualify for the federal free or reduced price lunch program, equal to about $220,000.” (Indiana Capital Chronicle)
Republican Senate Pro Tem Rodric Bray said that while his chamber is “passionate about school choice, too,” he’s skeptical his caucus will be on board with the House proposal…
He also hinted at support for more voucher school accountability, but spared any specifics.
Critics have long maintained that voucher schools lack transparency and accountability to the public. (Indiana Capital Chronicle)
The elimination of the textbook fee only applies to public and charter schools and the cost must be paid by the school corporations. (Indiana Capital Chronicle) The GOP plan also limits its commitment — to $225 million — for public-private partnerships meant to increase public health services across the state. That’s only two-thirds of Gov. Eric Holcomb’s ask for the statewide program, and less than half what the Governor’s Public Health Commission originally suggested. (Indiana Capital Chronicle)

There is much to dislike about this budget, much of which is in essence an entitlement for the wealthy. Contact your Senator.

House Bill 1334 Absentee voting
“The bill says voters must request an absentee ballot—they cannot be sent one by “an agency of the state or a political subdivision” unsolicited—and must provide certain forms of ID with their application.”
(Statehouse File) “Proponents say the bill would add security to elections, while opponents say it’s not necessary and would further drop the state’s dismal turnout rates.” (Indiana Capital Chronicle)
Passed 64-28. View the vote.

House Bill 1008 Pension investments
This bill seeks to block the Indiana Public Retirement System, the Indiana State Police Pension Trust and their respective publicly traded financial managers from making investment decisions based on environmental, social or corporate governmental policies, or ESG.” The bill was amended when it was revealed that it would cost retirees billions. The bill’s author “suggested that the Indiana Bankers Association, which opposed the bill in previous hearings, would be amenable to the new version — but the group told the Capital Chronicle that it is still opposed and that the banking industry would still be negatively affected.”
Passed 68-30. View the vote.

House Bill 1334 Absentee voting
“The bill says voters must request an absentee ballot—they cannot be sent one by “an agency of the state or a political subdivision” unsolicited—and must provide certain forms of ID with their application.”
(Statehouse File) “Proponents say the bill would add security to elections, while opponents say it’s not necessary and would further drop the state’s dismal turnout rates.” (Indiana Capital Chronicle)
Passed 64-28. View the vote.

House Bill 1008 Pension investments
This bill seeks to block the Indiana Public Retirement System, the Indiana State Police Pension Trust and their respective publicly traded financial managers from making investment decisions based on environmental, social or corporate governmental policies, or ESG.” The bill was amended when it was revealed that it would cost retirees billions. The bill’s author “suggested that the Indiana Bankers Association, which opposed the bill in previous hearings, would be amenable to the new version — but the group told the Capital Chronicle that it is still opposed and that the banking industry would still be negatively affected.”
Passed 68-30. View the vote.

House Bill 1500 Kratom
This bill “would permit the sale of kratom, an herbal extract derived from the leaves of a tropical evergreen tree. The plant is native to Thailand, Malaysia, Indonesia, and Papua New Guinea.
Kratom was legal in Indiana until 2014, when state lawmakers banned the substance in anticipation of similar action at the federal level. The U.S. Food and Drug Administration (FDA) has failed to outlaw kratom, despite numerous attempts.” (Indiana Capital Chronicle) Passed 53-40. View the vote.

House Bill 1466 Juror compensation
This bill “would double daily appearance pay to $30 and jury pay itself to $80 for the first five days. Starting day six, jury pay would increase to $90 daily.” It would also increase jury fees defendants pay. (Indiana Capital Chronicle)

House Bill 1483 Prohibiting bullying in schools
This bill “requires school officials to investigate a report of bullying and tell the victim’s parents within three days and the parents of the alleged perpetrator within five days.” (WTHR) Passed 92-1. View the vote.

Passed the Senate, goes to the House next
Senate Bill 486 Education Matters
This bill “takes away the right teachers have had for more than 50 years — the right to collectively advocate for their students with local administrators.” (Indiana Capital Chronicle) “Some teachers and unions argue part of Senate Bill 486 would further erode teachers’ collective bargaining rights. The bill’s supporters say it’s a “deregulation bill” that will empower administrators and educators. The bill cuts several chunks out of Indiana’s education code, including the removal of several training and evaluation requirements that have long been applied to educators statewide. Many, but not all, of the proposed changes are controversial.” (WFIU)
Passed 28-20. View the vote.

Senate Bill 391 Closure of school buildings
“…The intent of the bill was to clarify the existing $1 law, which a judge characterized as ambiguous in a recent ruling in favor of Carmel schools. But critics of the law, which has faced opposition from Democratic lawmakers and could have a significant impact on Indianapolis Public Schools, say it spurs the forced turnover of buildings to charter schools… But Senate Bill 391 still allows charters to petition the Indiana Department of Education if those negotiations do not work, ultimately allowing the attorney general to enforce the sale or lease of the building.” (Indiana Capital Chronicle)  Passed 35-13. View the vote.
The bill also expands the $1 law to allow education nonprofits to acquire buildings… The bill defines an “underutilized” school building as one where student enrollment has averaged less than 60% of the building’s capacity for the current school year and the previous two school years…
Neither the $1 building law nor the new bill to expand it apply to charter schools. Without changes to the legislation, charter schools would not have to report and turn over their underused buildings…
Expanding the law to cover underused buildings, rather than just vacant ones, could in theory create situations in which districts carry capital debt for buildings they are leasing to charters.” (Chalkbeat Indiana)

Senate Bill 6 Health care billing forms
Despite bipartisan opposition, senators passed this “bill dictating payments for certain health services based on location — or site of service — in a scrutinized attempt to lower fees….[It] restrict where a healthcare system could charge the additional hospital facility fee.” (Indiana Capital Chronicle) Passed 31-18. View the vote.

Senate Bill 350 Professional licensing
The bill is a result of an unlicensed counselor being prohibited from providing anti-gay conversion therapy by a local ordinance. The bill “initially would’ve blocked local units of government from implementing such bans on counseling and behavioral health services. But it’s been broadened in amendments, and would now stop local governments from regulating the performance of any kind of service if it is subject to state licensure or specifically exempted….Some lawmakers wondered about local rules on electricity services, surveyors, massage therapy and other services.” (Indiana Capital Chronicle) Passed 34-14. View the vote.

Senate Bill 451 Carbon sequestration pilot project.
This bill advances “construction of a carbon capture and sequestration pilot project in Vigo and Vermillion counties. It also gives special privileges to an Indiana company that is preparing to undertake the nation’s largest carbon dioxide storage project. The process involves capturing carbon dioxide and injecting it deep into the earth’s crust…Indiana Farm Bureau, several major agricultural and fuel groups, and environmental advocates remain firmly opposed.” (Indiana Capital Chronicle) Passed 27-21. View the vote.

Senate Bill 4 Public health commission
This bill “is largely compromised of recommendations from Gov. Eric Holcomb’s Public Health Commission, which finished a two-year study of the state’s public health system last year.
The measure contains a list of about two dozen core services local health departments must provide if they want to get significantly increased funding from the state. That includes everything from food protection and local pool inspections to immunizations and maternal and child health services.” (Indiana Public Radio) Passed 41-7. View the vote.

Senate Bill 202
The bill” would have finally brought badly-needed mechanisms to enforce Indiana’s health and safety laws that too often go unresolved without penalty.” Instead, the bill was changed to become another study committee proposal. this issue has been studied. In 2022, the General Assembly’s own Housing Task Force studied evidence from Prosperity Indiana that the lack of habitability enforcement contributes to Indiana having among the lowest rates of affordable and available housing in the Midwest and the single-highest housing cost burden for the lowest-income populations in the region…
A multitude of studies already connects Indiana’s substandard housing conditions to poor health, education, and workforce outcomes….The Housing Task Force’s final report delivered last October 27 included a recommendation that the General Assembly and Governor should “Support addressing substandard housing”, a recommendation that directly inspired Senate Bill 202.”
Prosperity Indiana urges us all to contact our legislators to include enforcement mechanisms—to health and safety issues that are already law.
(Indiana Capital Chronicle)

Senate Bill 9 Electric service reliability
This bill “aims to ensure Indiana doesn’t transition away from coal “too quickly” and threaten reliability.
If an electric utility wants to retire a big power plant or shut it down early — and it hasn’t laid that out in its plans — it would have to notify the Indiana Utility Regulatory Commission. The agency could then decide not to allow the utility to pay down the remaining cost of the plant in that shorter time frame — which would protect customers from a big rate hike.” (Indiana Public Media) Passed 40-9 View the vote.

Senate Bill 266 Long acting reversible contraceptives
This bill requires Indiana hospitals to give women the option to place a long-acting reversible contraception shortly after childbirth during their hospital stay.” (Indiana Capital Chronicle) Passed 26-23 View the vote.

House Bill 1568 Prescription for hormonal contraceptives
A separate measure that advanced from the House last week would allow pharmacists to prescribe hormonal birth control to people 18 and older without an appointment. That includes contraceptive patches, as well as birth control pills and rings. Passed 86-12. View the vote.

Senate Bill 161 Stalking through the use of a tracking device
Under this bill it would be a crime to use a GPS device to track someone without their knowledge. (Indiana Capital Chronicle) Passed unanimously

Senate Bill 415 Admissibility of statement by juvenile in custody
This bill prohibits “law enforcement officers from knowingly providing false statements or information to children during an interrogation.” (NWI Times)

Senate Bill 428 Food and beverage taxes
“Hoosier senators overwhelmingly are on board with Merrillville’s plan to try to attract more visitors and commerce to the town by expanding the indoor recreational amenities at the Dean and Barbara White Community Center.
This bill authorizes the Merrillville Town Council to pay for the expansion by enacting a food and beverage tax of up to 1% on dine-in and take-home food and drinks sold at Merrillville eateries, bars and similar retailers.
If adopted at 1%, the Merrillville food and beverage tax would add 20 cents to a $20 dining tab and raise an estimated $1.3 million a year.
The Town Council alternatively could adopt a food and beverage tax at a 0.25%, 0.50% or 0.75% rate, according to the legislation.” (NWI Times)’

Senate Bill 292 INPRS investments
This bill “codifies a finances-first investment policy already adopted internally by the Indiana Public Retirement System, known as INPRS. It also introduces new guidelines and reporting requirements for proxy votes, which are opportunities for shareholders to influence an entity’s management.” (Indiana Capital Chronicle) Passed 40-7. View the vote.

Senate Bill 3 State and local tax review task force
This bill “seeks to form the State and Local Tax Review Commission to study the feasibility of ending Indiana’s income tax and reforming property taxes for Hoosiers.” (Indiana Capital Chronicle)
Passed unanimously

Senate Bill 434 Economic development in Lake County
“The legislation authorizes the construction of a convention center anywhere in Lake County, subject to approval by the county council, Northwest Indiana Regional Development Authority (RDA), and the State Budget Committee.” (NWI Times) Passed unanimously

Dead (for now)
House Bill 1428 School board elections
A bill that would have let Hoosier communities decide if local school board elections should be partisan died in the Indiana House after lawmakers failed to vote on the measure by Monday’s deadline.
That means school board races will stay non-partisan — at least for now. Language from the bill could still crop up in others before the end of the current legislative session.

Passed both chambers, goes to Governor Holcomb next
Senate Bill 2 Taxation of pass through entities
This bill “lowers total tax payments for some businesses, became one of the first bills to finish its journey through the Statehouse.
The bipartisan-supported bill would let certain pass-through entities, like limited-liability corporations and S Corporations, deduct all state tax payments on their federal tax returns. It’s Indiana’s workaround to a cap.” Passed unanimously in both chambers. (Indiana Capital Chronicle)

In other news
Taxes on gasoline in Indiana are set to go up again March 1. That is not sitting well with many Hoosiers, especially at a time where Republicans in the House are planning to give themselves a big raise  (Statehouse Happenings, WIBC)

To find and contact your Indiana legislators: http://iga.in.gov/legislative/find-legislators/

Congress

Passed the House and Senate, President next

H.J.Res. 30: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to “Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights”.
GovTrack.us: “This joint resolution nullifies a Department of Labor rule concerning the fiduciary duties with respect to employee benefit plans. Under the rule issued on December 1, 2022, plan fiduciaries may consider climate change and other environmental, social, and governance factors when they make investment decisions and when they exercise shareholder rights, including voting on shareholder resolutions and board nominations.” Passed in the House 216 – 204 with only Indiana Reps Mrvan and Carson opposed. View the vote. Passed 50-48 in the Senate with both Indiana senators voting yea. View the vote.

Passed the House, Senate next

H.R. 347: Reduce Exacerbated Inflation Negatively Impacting the Nation Act
GovTrack.us: “This bill requires the Office of Management and Budget and the Council of Economic Advisers to provide an inflation estimate for each executive order that is projected to cause an annual gross budgetary effect of at least $1 billion.” Passed 272 -148 with only Rep Mrvan opposed. View the vote.

H.R. 1108: To amend the Communications Act of 1934 to extend the authority of the Federal Communications Commission to grant a license or construction permit through a system of competitive bidding.
On motion to suspend the rules and pass the bill Agreed to by voice vote.

H.R. 1059: SECURE Notarization Act of 2023
On motion to suspend the rules and pass the bill Agreed to by voice vote.

H.R. 538: Informing Consumers about Smart Devices Act
On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 406 – 12

Passed the Senate, House next

S. 619: A bill to require the Director of National Intelligence to declassify information relating to the origin of COVID-19, and for other purposes.
Passed without amendment by Unanimous Consent.

S. 227: Improving Access to Our Courts Act
Passed Senate without amendment by Unanimous Consent.

To find and contact your Members of Congress:  https://www.usa.gov/elected-officials 

In other news