indiana’s 2026 legislative session wrapup–Wins, draws and losses

An informative breakdown of bills by wins, draws and losses, from Dr. Vernon Smith who represents Indiana’s 14th district.

Wins

Defeating Statehouse Republicans’ Push to Redistrict

At the start of this session, Hoosiers spoke up and stopped a national movement to redraw Indiana’s congressional maps. Gov. Braun and Indiana House Republicans attempted to give themselves an unfair advantage in our elections, at Washington, D.C.’s request.

But they couldn’t gerrymander our determination to fight this power grab. People reached out to their elected officials in record numbers, letting Indiana Republicans know that they believe in fairness and accountability. Hoosier values prevailed. Equal competition prevailed. Because of you, this rushed and unnecessary redistricting plan didn’t move forward.

Fighting for Children and Families

House Enrolled Act 1036: Children in Need of Services

HEA 1036 closes a dangerous gap in child safety oversight by requiring the Department of Child Services (DCS) to perform an in-person, face-to-face assessment before closing an investigation or terminating a Child in Need of Services (CHINS) case. This bill was written in honor of 5-year-old Kinsleigh Welty, who tragically died after DCS prematurely closed her case.

House Enrolled Act 1307: Department of Child Services (DCS) Ombudsman

HEA 1307 increases accountability and oversight of DCS to strengthen protections for Indiana’s children. The DCS ombudsman must actively investigate complaints, review cases where children may have been put at risk and make recommendations where problems are found.

House Enrolled Act 1325: Special Education

HEA 1325 improves special education reporting and recommendations by requiring the Indiana Department of Health (IDOH), DCS, and the Office of the Secretary of Family and Social Services (FSSA) to report and make data-driven recommendations regarding residential placement, developmental preschool and special education.

House Enrolled Act 1408: Education Matters

HEA 1408 restricts minors under the age of 16 from accessing social media sites that use addictive algorithms, like autoplay or continuous scrolling. The bill applies to companies that made $1 billion worldwide in at least one of the last three years, platforms with a significant number of active daily users under 16, and whose primary function involves uploading and viewing content (Facebook, Tiktok, Instagram).

Minors will be able to use social media with parental consent. However, apps will limit direct messages from people the minor doesn’t follow and what accounts show up in searches. Companies will also be prohibited from showing content or advertisements based on minors’ previous interactions with the app. The bill goes into effect on January 1, 2027.

Expanding Patient Protections and Lowering Health Care Costs

House Enrolled Act 1114: Coverage for Certain Cancer Prescriptions

HEA 1114 provides patients with advanced cancer faster access to prescription medications by prohibiting step therapy. Step therapy requires patients to use drugs preferred by their insurance company and fail to respond to the treatment before they receive coverage for the prescription recommended by their doctor.

House Enrolled Act 1029: Alzheimer’s Disease and Dementia Education

HEA 1029 increases public awareness and education about Alzheimer’s disease and dementia. The bill requires the Indiana Department of Health (IDOH) to collaborate with national Alzheimer’s disease and dementia organizations to educate the public, identify partners for education and publish educational materials on its website. The goal is to inform Hoosiers about the risk factors, symptoms and treatment options available for the two diseases. This bill was authored in honor of S. Carmen Porter, State Rep. Gregory W. Porter’s (D-Indianapolis) late mother.

Senate Enrolled Act 90: Consent for Pelvic, Prostate and Rectal Exams

SEA 90 prohibits health practitioners from performing pelvic, prostate, or rectal examinations on an anesthetized or unconscious patient without informed consent.

Senate Enrolled Act 189: Nonparticipating Providers

SEA 189 prohibits insurance companies from imposing financial penalties on hospitals and facilities for care from an out-of-network provider.

Strengthening Public Safety and Supporting First Responders

House Enrolled Act 1048: VFD Clothing and Automobile Allowances

HEA 1048 increases the clothing and automobile allowance for active members of volunteer fire departments from $100 to $250. The change will help offset the increases in costs of essential protective gear and vehicle-related expenses. Volunteer firefighters are critical for community safety and emergency response, and this bill is expected to improve recruitment and retention in volunteer fire departments.

House Enrolled Act 1248 Advanced DNA Testing for Cold Cases

HEA 1248 gives families a stronger voice in reopening unsolved homicide cases by allowing them to request advanced DNA testing in cold cases through approved nonprofits. Fundraising can be used to help cover the cost. Indiana currently has over 7,000 unsolved cold-case homicides and more than 1,100 missing person cold cases. Many of these cases contain DNA evidence that, with modern technology, could be reanalyzed to deliver justice for victims and their families.

House Enrolled Act 1250: Public Safety Procedures

HEA 1250 strengthens protections for victims of violent crimes by ensuring they’re notified before the release of a violent felon. The Indiana Department of Correction (IDOC) must notify law enforcement and the prosecuting attorney at least seven days before their release. The court and prosecuting attorney would then notify any victims of the felon’s release through Indiana’s Statewide Automated Victim Information & Notification (SAVIN). Legislators authored this bill in memory of Susan Haynie, who was tragically murdered last fall by a violent offender who was released from prison six months earlier.

Draws

Something for Utility Costs But Not Enough

House Enrolled Act 1002 — Electric Utility Affordability

HEA 1002 is a step towards lowering Hoosiers’ energy costs, but it doesn’t provide immediate relief. The bill begins switching our state to performance-based ratemaking (PBR), tying a utility company’s rate increase to the quality of service provided, reliability, etc. Utility companies will be required to implement levelized billing plans for customers enrolled in an energy assistance program. This is a payment plan based on average usage, and customers can opt out of levelized billing. Companies will also be prohibited from disconnecting service to customers enrolled in a low-income assistance program during periods of extreme summer heat. This bill also creates the framework for the Indiana Utility Regulatory Commission (IURC) to shift utility rate cases to a multi-year plan (MYRP) that bases consumer rates on multiple performance incentive mechanisms (PIM).

  • I supported 12 amendments to improve the bill and lower energy costs immediately for Hoosiers. Our proposals included ending the state tax breaks for data centers, eliminating the 7% sales tax on residential utility bills, preventing private equity firms from acquiring utility companies, and stopping utility companies from passing the costs of lobbying and political activity on to customers. All these amendments were voted down or blocked by House Republicans.

Small Step Towards Affordable Child Care

House Enrolled Act 1177: Child Care Assistance

HEA 1177 expands the state’s Employer Child Care Expenditure Tax Credit. This credit encourages businesses to help cover the cost of child care for their employees by giving them money back on their taxes. This is a great way to help our parents, but the state can only spend a maximum of $2.5 million on this credit. It also limits eligibility to businesses with up to 500 employees. With a low maximum and a 500-employee cap, the number of businesses that will be able to use this credit is limited. I would have liked to have seen both of these limits removed, so as many parents as possible get assistance from their employers.

Senate Enrolled Act 4: Fiscal Matters

SEA 4 is a wide-ranging bill that addresses several state financial and administrative policies. One of the provisions aims to address the child care crisis by allowing — not requiring — the State Budget Agency (SBA) to use $300 million from the 2025 state budget for the Child Care and Development Fund (CCDF) voucher program. Last year, Gov. Braun cut reimbursement rates for CCDF, which caused child care providers across Indiana to close due to funding losses.

  • Republicans voted down our proposal that would have required the release of funds to alleviate the child care crisis.

Losses

Republicans Block Attempts to Lower the Cost of Living

The 2026 legislative session was a missed opportunity to provide Hoosiers relief from the rising cost of living. The Indiana House Democratic Caucus offered proposals to lower costs for your utilities, health care premiums, and child care. We fought for a first-time homebuyer savings program and for families to get the same tax breaks as data centers. House Republicans voted down each attempt or didn’t hear these bills.

Meanwhile, Indiana Republicans voted to give taxpayer-funded corporate handouts to Big Tech data center developers, strip Hoosiers of their health care, cut more college degree programs and roll back essential protections for our environment.

Attacks on Public Education

Senate Enrolled Act 199: Various Education Matters

SEA 199 builds on Statehouse Republican attempts to exert more control over Indiana’s colleges and universities by allowing the state to restrict or eliminate degree programs that are considered “low-earning.” Degrees at-risk include theater, dance and certain associate degrees.

This bill continues to walk Indiana down a dangerous path where the state can dictate what students can study in college. There’s a difference between informing students about the financial outcomes of a certain degree and outright eliminating it.

House Enrolled Act 1004: Various Education Matters

HEA 1004 is a massive 2-year attempt to “deregulate” public education that makes sweeping changes to Indiana education law, including changing the powers of school corporations’ governing bodies and private-public agreements for charters to construct and renovate schools. The nearly 200-page bill raises serious concerns by repealing union protections for teachers in joint programs, interlocal agreements and special education cooperatives. HB 1004 also makes it easier for schools to use money designated for teacher pay to cover other losses, potentially risking the livelihood of our public school teachers.

House Enrolled Act 1423: Indianapolis Public Education Corporation

HEA 1423 transfers financial and operational control of Indianapolis Public Schools (IPS) to a new, 9-member mayoral-appointed body, the Indianapolis Public Education Corporation (IPEC). Starting in 2028, this new body will oversee property tax levies, a unified transportation system, and debt management for public and charter schools in the school district. The elected school board will still have control over key responsibilities, like the budget, staff and curriculum. Charter schools within IPS can opt out of IPEC management, but they would not receive any property tax revenue. Public schools within the district must cede authority of their buildings to IPEC. This bill dilutes the power of IPS’s elected school board and gives undue authority to an appointed body.

Immigration Bill Puts Schools, Universities and Hospitals at Risk

Senate Enrolled Act 76: Immigration matters

SEA 76 mandates that state and government entities, including K-12 schools, universities and hospitals, must cooperate with U.S. Immigration and Customs Enforcement (ICE). I’m concerned by a lot in this bill, but the thought of masked agents in our elementary schools is especially troubling.

Indiana’s Attorney General will have the power to pursue lawsuits against a government entity that’s deemed non-compliant with ICE. The AG also has the power to sue employers who knowingly hire undocumented workers.

The bill also requires local law enforcement to cooperate with federal immigration detainer requests. Law enforcement must notify the proper agencies and hold the person for up to 48 hours until they’re put in ICE custody. Local governments will have civil and criminal immunity to cooperate with these requests.

Some other parts of the bill include a ban on sanctuary city policies and requiring hospitals to provide quarterly reports on the forms of ID used by Medicaid patients.

  • Republicans blocked Democratic proposals to prevent ICE enforcement in schools and hospitals, to protect victims of mistaken identity and to prevent Hoosiers from paying the cost of enforcing what is ultimately the responsibility of the federal government.
  • Let’s be clear: I believe in law and order, but what we have seen from ICE — racial profiling, mistaken identification of detainees, Americans killed in the streets — is not law and order.

Rolling Back Environmental Protections

Senate Enrolled Act 277: Indiana Department of Environmental Management

SEA 277 repeals many of Indiana’s existing environmental protections by weakening the Indiana Department of Environmental Management (IDEM).

The bill prohibits Indiana from adopting environmental rules that are more “burdensome” than federal standards. This gives businesses and corporations an easy loophole in court since they can claim any regulation is a burden.

It also makes IDEM oversight rules optional, including setting standards for investigating and cleaning up hazardous waste. Also, IDEM will no longer be required to issue permits regulating emissions into the air and our waterways. Other controversial provisions include dissolving the Division of Pollution Prevention, repealing IEDM’s authority to review permits of nuclear power plants and restricting IDEM to standards that have completed the full federal rulemaking process.

The most shocking part of SEA 277 is that it creates a narrow definition of PFAS, or forever chemicals, excluding thousands of variations of these synthetic chemicals. The new PFAS definition prevents the state from enacting its own health-based limits on drinking water and allows toxic variations of PFAS into Indiana’s water supply.

Giving the Governor a Military Police Force

House Enrolled Act 1343 — Public Safety Matters

HEA 1343 allows for the establishment of a military police force within the Indiana National Guard. The governor has the authority to deploy this force at any time, for any reason, into communities without the consent of local officials. The military police of the National Guard would have the authority to make arrests and conduct search and seizures.

  • I supported multiple amendments to remove this dangerous language or add additional guardrails, including required collaboration with local authorities and law enforcement training. Every amendment was voted down by House Republicans.

Criminalizing Homelessness

Senate Enrolled Act 285: Housing Matters

SEA 285 criminalizes homelessness in Indiana, making it a Class C misdemeanor to camp, sleep, or take long-term shelter on land owned by the state or units of government. Individuals could face a penalty of up to 60 days in jail and fines up to $500. A law enforcement officer must determine if someone qualifies for an involuntary hold. Someone who doesn’t qualify and is a first-time violator will receive a warning and be given information on shelter and services. If they’re still within a 300-foot radius more than 48 hours after their warning, they could be charged.

  • Criminalizing street camping and sleeping does nothing to solve the root causes of homelessness. In fact, a criminal record will add additional barriers to recovery and fines will continue the cycle of poverty. Instead of spending money on imprisonment and enforcement, we could use it to expand much-needed access to our shelters, rehab centers and mental health services.

More Restrictions for Medicaid and SNAP

Senate Enrolled Act 1: Human Services Matters

SEA 1 creates stricter eligibility criteria for Indiana Medicaid and SNAP. Applicants for Medicaid will be subject to higher co-pays, more frequent and stricter eligibility checks, new work requirements and fewer exemptions for the medically frail. Hoosiers enrolled in the Healthy Indiana Plan (HIP) must meet various work requirements three months before applying for Medicaid. SNAP will also have stricter eligibility checks and lower asset limits.

  • I don’t want fraud in our Medicaid and SNAP programs. We should make reasonable efforts to prevent fraud, but additional red tape will also impact enrolled Hoosiers. Adding these barriers to enrollment might deter fraudsters, but it will surely deter people in need.

Any applicant who cannot verify their legal immigration status will be referred to the U.S. Department of Homeland Security (DHS) for investigation. Eligible Hoosiers may not apply for benefits out of fear that their undocumented partner or child will be referred.


If you have any questions about this year’s legislation, you can visit iga.in.gov. Please reach out to my office at h14@iga.in.gov with any comments, thoughts or concerns. I hope you will continue to be engaged this summer.

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