JCRC Final Legislative Report

First Regular Session of the 114^th Indiana General Assembly

June 1, 2005

This long and often frustrated 2005 session of the Indiana General Assembly ended sine die on Friday April 29, 2005.  Although legislators on both sides of the aisle played heavy partisan politics, a number of significant pieces of legislation will become law.  Of the 1,517 bills filed by legislators, 252 passed both houses and made it to Governor Daniels’ desk for his consideration and possible signature (he vetoed three bills).  This was a challenging session for the JCRC’s legislative priorities, and although a number of troublesome bills will become law, in many cases, the final outcomes could have been much worse.

 A major focus was the passage of a two-year, $24.3 billion state budget, which Republicans claim will eliminate the state’s $645 million deficit and provide new dollars for schools and Medicaid without raising state taxes.  Democrats are critical of the spending plan, claiming that it relies on hundreds of millions of dollars in property tax increases that will result in spending cuts for more than 129 school districts over the next two years.  House Enrolled Act (HEA) 1001 passed both houses on a party-line vote.  The funding formula for K-12 education is based in part on a philosophy that money should follow the child.  Coupled with support by a Republican majority for the expansion of charter schools and the elimination of minimum funding level guarantees for schools experiencing decreasing enrollment, the jury is still out on whether this new approach will raise the educational standards for all students, or leave economically disadvantaged and disabled students further behind.  It is possible that the funding formula change, which will benefit growing suburban areas to the detriment of urban and rural areas, could force counties to raise property taxes by $469 million to cover costs for transportation, textbooks, and operating expenses.  Republicans assert that the budget will eliminate the structural deficit, rebuild the state’s reserves, and increase funding to public schools by 2.5% and Medicaid by 5% all without any new taxes or gambling expansion.  Democrats argue that local governments will have no choice but to raise property taxes significantly – by as much as 4.1% each year; while funding levels for K-12 and higher education are only increased by barely 1%, and the increase in Medicaid spending is only half of what projections estimate will be needed to meet entitlement requirements.  Accompanied by a freeze in state reimbursement for property tax replacement credits, which will cost counties about $276 million, and a requirement that counties pay the state back for unreimbursed juvenile offender payments (Marion county owes $57.3 million of the $85.8 million due), the total property tax increase required of counties could be about $847 million, hitting Marion County particularly hard. 

On February 22, JCRC organized a “Day at the Indiana General Assembly” where Jewish community leaders from around the State came to the capitol to speak with Governor Daniels and State legislators about issues of concern for Indiana Jews.  The day gave participants the opportunity to learn about state-level public policy issues that affect the Indiana Jewish community and provided them a forum to connect directly with each community’s elected representatives.  JCRC conducted a legislative briefing session at the start of the day, which was followed by a meeting with the chief council for Speaker of the House, Brian Bosma.  Each community then met with their region’s elected representatives, and after lunch with the director of the new Office of Faith Based Initiatives, the group sat down for a meeting with Governor Mitch Daniels.  Next, participants observed the legislative process unfold in real time while standing on the floor of the Senate and House of Representatives as each body discussed a Resolution that recognizes 350 years of Jewish life in North America and the 100^th Anniversary of the Jewish Federation of Greater Indianapolis.  Finally, during the wrap-up session, participants shared optimistic thoughts regarding the significance of the day in establishing and furthering relationships both with elected officials and Jewish communities throughout the State, and suggested ways to carry aspects of “The Day at the IGA” to more members of Jewish communities around Indiana.   

JCRC is proud of its work and involvement with coalitions that share many of our community’s concerns.  We are an active member in the following coalitions because we recognize that our voice is strengthened when joining others.  JCRC is a founding member of the Indiana Coalition for Human Services, which includes over 30 organizations representing the spectrum of human service providers and advocates from children and the disabled, to housing issues and the elderly.  For over 20 years, ICHS has been the voice in the State House on behalf of the most vulnerable Hoosiers.  In recent years, ICHS has been a leading advocate against funding cuts to programs like Medicaid.  The Children’s Coalition of Indiana includes dozens of organizations whose missions address child welfare, abuse prevention, education, child care, foster care and adoption, and juvenile justice.  The JCRC has been instrumental in helping compile CCI’s comprehensive public policy agenda, which is distributed to every member of the legislature.  The Health Access & Privacy Alliance (formerly the Pro-Choice Coalition of Indiana) consists of over 20 organizations that come together to fight the battles sure to surface every year in the Indiana General Assembly.  Legislators in Indiana spend an inordinate amount of time trying to find ways to chip away at women’s access to safe and legal abortions, including family planning services like contraception.  The Indiana Home Care Task Force brings together over 70 organizations concerned with aging issues, specifically providing non-institutional opportunities and services for the elderly and disabled.  Since its leadership role in creating the CHOICE program in the 1980s, the IHCTF has consistently advocated that Indiana shift more of its resources toward caring for aging and disabled in their homes. 

The emergency in Sudan’s northwestern region of Darfur presents the starkest challenge to the world since the Rwanda genocide in 1994.  Since February 2003, government-backed Arab militias, known as the Janjaweed, have been engaged in a systematic program of expulsion, rape and murderous violence to wipe out entire communities of African tribal farmers.  Villages have been razed, women and girls are systematically raped and branded, men and boys murdered, and food and water supplies specifically targeted and destroyed.  Government air raids have frequently preceded or followed militia attacks.  The Sudanese army and police continue to attack camps in South Darfur and forcibly relocate Internally Displaced persons (IDPs), while refusing access to aid agencies.  The U.S. Administration and Congress have termed the crisis in Sudan “genocide;” however, the United Nations is still conducting and investigation to establish such status.  For the first time in its history, the Committee on Conscience of the United States Holocaust Memorial Museum has declared a “genocide emergency” in  Sudan.  Simply put, there is no question that what is happening in Darfur is genocide.  The Jewish community has a special obligation to speak on this issue, even if we have to speak alone!  JCRC drafted the resolution language below. 

House Concurrent Resolution 66 condemning the genocide in Darfur, Sudan, and calling for action:

Whereas, Since February 2003, government-backed militias, known as the Janjaweed, have been engaging in a systematic program of expulsion, starvation, rape, and murderous violence to wipe out entire communities of African tribal farmers, resulting in the death of over 335,000 innocent civilians and the internal displacement of over two million people, only half of whom are receiving aid, and 213,000 of whom are refugees having fled to neighboring Chad; Whereas, Nearly 1.5 million people are currently receiving food assistance, 22% of whom are under the age of five, and roughly 10,000 people per month are dying from disease or malnutrition; Whereas, In recent months, the situation has deteriorated significantly, the fighting has escalated, and several relief organizations, unable to protect their workers, have pulled out of the region, further limiting access to protection and aid for refugees; Whereas, The United States Administration and Congress have termed the crisis in Sudan "genocide"; Whereas, President Bush has demanded that the Sudanese government stop the genocide in the Darfur region, the United States House and Senate have voted unanimously to condemn the genocide in Darfur, and, for the first time in its history, the Committee on Conscience of the United States Holocaust Memorial Museum has declared a "genocide emergency" in Sudan; and Whereas, The Indiana General Assembly looks in horror upon the persecution of any group based on race, religion, ethnicity, or other distinctions used to degrade the value of any human life and, that as people of conscience, we have a responsibility to speak out in the face of genocide: Therefore, Be it resolved by the House of Representatives of the General Assembly of the State of Indiana, the Senate concurring: SECTION 1. That the Indiana General Assembly commends the Bush Administration and Congress, as well as the United States Holocaust Memorial Museum, for their leadership in declaring the Sudanese crisis "genocide" and for seeking a peaceful resolution to the conflict in Darfur and addressing the humanitarian crisis. SECTION 2. That the Indiana General Assembly expresses its serious concern over the growing insecurity and violence in Darfur, the region's dire humanitarian situation, continued violations of human rights, and repeated breaches of the cease fire. SECTION 3. That the Indiana General Assembly expresses its outrage at the inaction of the international community and calls on Congress and President Bush to provide the necessary leadership for an international effort to stop the genocide in Darfur, encourage humanitarian assistance to all those in need, and make the protection of the civilian population the highest priority. SECTION 4. That the Indiana General Assembly encourages statewide activism and increased awareness through education of the situation in the Sudan. SECTION 5. That the Principal Clerk of the House of Representatives transmit a copy of this resolution to the President of the United States and the members of the Indiana congressional delegation.

Testimony of Lindsey Mintz before the House of Representatives on April 20, 2005 and before Senate Homeland Security Committee on April 27, 2005:

My name is Lindsey Mintz, and on behalf of the Jewish Community Relations Council, I rise and urge your support of House Concurrent Resolution 66, which condemns the genocide currently unfolding in the Darfur region of the Sudan and calls for action.  The JCRC’s mission is to fulfill the requirements of the Jewish commandment of “tikkun olam” – repair of the world.  Because we have known genocide against our people, the Jewish community recognizes its particular moral responsibility to speak out and take action against such horrific acts of ethnic cleansing.  Edmund Burke, the British philosopher, said “The only thing which is required for evil to succeed is for good men to do nothing.”  His words were echoed in a statement by Dr. Martin Luther King, who said that "Man's inhumanity to man is not only perpetrated by the vitriolic actions of those who are bad.  It is also perpetrated by the vitiating inaction of those who are good."  And down to the present time as Holocaust survivor and Nobel Laureate, Elie Weisel has spoken so eloquently about the sin of the bystander – he reminds us that the bystander always helps the murderer, never the victim.  “You shall never be a perpetrator. You shall never be victim.  You shall never be a bystander.”  The words of these three men are as true today about Darfur as they were about other horrors we have witnessed in the past.  Last week the House and Senate commemorated the 60^th anniversary of the liberation of the Nazi death and concentration camps.  Legislators from both Chambers spoke eloquently about their experiences visiting the camps on trips over the years, and on the utmost necessity to remember the past so that we guarantee it is not repeated.  And yet, once again, the world is witnessing genocide – this time in Darfur.  It is not only appropriate, but also critically necessary that Indiana’s legislators speak out on behalf of their Hoosier constituents in the face of genocide.  Indiana is not alone in condemning the genocide in Darfur.  Three states (Hawaii, Kentucky, South Carolina) have passed resolutions and six states (New Jersey, Illinois, New York, Texas, California, Maryland) have introduced legislation that would directly impact their relations with Sudan and business that operate within its borders.  Each of us must educate ourselves and then educate our friends, colleagues, neighbors, and constituents.  Then, each of us must advocate and use our voice to raise the moral outrage at home, and in the world community, so we can look at our children and grandchildren and say we did everything possible to save lives and put an end to this genocide.  The US Congress has called the atrocities in Darfur genocide.  Colin Powell described it as genocide to the UN.  President Bush has recognized it as genocide and said he will not allow genocide to unfold – he said, I quote: “not on my watch.”  I encourage members of the Indiana Legislature to communicate with members of our Indiana Congressional Delegation.  The Darfur Accountability Act is currently working its way through the legislative process in Washington DC and both Senators Bayh and Lugar are supportive, with Senator Bayh signing on as a co-sponsor.  The bill holds the Sudanese government accountable for its actions and includes $90 million in peacekeeping and disaster aid funds.  While the Senate’s FY05 Emergency Supplemental Bill includes these dollars, the House’s version does not.  Please, encourage our Congressional Delegation to work vigilantly to secure all peacekeeping funds.  Our Members of Congress in DC must not only hear from their constituents, but they must also hear from each of you.  We have been reminded by survivors of the Rwandan genocide that the difference between Rwanda and Darfur is that there is still time to act to save lives in Darfur.  Please, Prevent Hotel Darfur.

Senate Concurrent Resolution 27 celebrating the 350th Anniversary of Jews living in America and the 100th Anniversary of the Jewish Federation of Greater Indianapolis.

Whereas, the biennium 2004-2005 marks the 350th anniversary of the Jewish community in North America, and also marks the 100th anniversary of the Jewish Federation of Greater Indianapolis; Whereas, in 1654, Spanish-Portuguese Jewish refugees escaping the Inquisition in South America arrived on North American shores and formally established North America's first Jewish community in New Amsterdam, now New York City; Whereas, Jews from Central and Eastern Europe and other parts of the world would continue to arrive in successive waves of immigration during the 19th and 20th centuries seeking liberty and opportunity in America; Whereas, the American Jewish community has actively participated in and contributed to the civic, social economic, and cultural life of Indiana and the United States of America and has served in all branches of the armed forces in defense of the broad principles of liberty and justice that are guaranteed in the Constitution of the United States; Whereas, the Jewish Federation of Greater Indianapolis, established in 1905, has organized and directed the philanthropic efforts of the Jewish community; and worked alongside the Jewish congregations in our city and state to advance the values of Jewish culture, faith and tradition; Whereas, in its 100 years of existence, the Jewish Federation of Greater Indianapolis has successfully implemented a broad range of programs and services to enhance the quality of life for children, youths, adults, and seniors of every religious and cultural background in Indianapolis and internationally; and Whereas, the Jewish Federation of Greater Indianapolis continues to foster positive relationships and cultivate dialogue and understanding between the Jewish and general communities as reflected in the missions of its constituent agencies, including the Jewish Community Relations Council, the Jewish Community Center, the Bureau of Jewish Education, Hooverwood, and Park Regency: Therefore, Be it resolved by the Senate of the General Assembly of the State of Indiana, the House of Representatives concurring: SECTION 1. The 350th anniversary of the Jewish community in North America is hereby recognized. SECTION 2. The Jewish Federation of Greater Indianapolis is congratulated on its 100th anniversary and the Jewish Federation is commended on its record of outstanding contributions and achievements on behalf of the Jewish community and the entire State of Indiana. 

Speech written and delivered by Rabbis Dennis & Sandy Sasso to the Indiana Senate on February 22, 2005.

“Three-hundred and fifty years ago, 23 Jews escaped the threat of Portuguese violence and the shadow of the Inquisition and set sail from Recife, Brazil, to come to North America.  They arrived in the Dutch colony of New Amsterdam, in what is now New York…By 1776 there were 2,000 Jews in the colonies…Jewish history has been tied to the history of the United States of America from the very beginning of the Republic.  In a famous letter to the Jews of Newport, Rhode Island dated August 17, 1790, President George Washington thanked the Jewish community for their support and assured them that "happily the Government of the United States, which gives to bigotry no sanction, to persecution no assistance requires only that they who live under its protection should demean themselves as good citizens."  Washington's words gave expression to a radical new social concept, which would allow Jews and Christians (and eventually members of other religions) to be full and equal citizens under a government neutral to the faith traditions.  This new understanding of religious freedom would soon be elevated to a fundamental law in the Bill of Rights.  In the mid 1800s waves of Jews from Germany and central Europe settled significantly in the Midwest.  In the late 19th and early 20th centuries, over two million Jews arrived from Eastern Europe, escaping poverty and religious persecution.  They were welcomed by the Statue of Liberty on which was inscribed a poem by a young Jewish woman, Emma Lazarus, proclaiming: "Give me your tired, your poor, your huddled masses yearning to breath free."  The Jewish community continued to grow, receiving the saved remnants of the Nazi Holocaust.  In more recent decades, Jews fleeing oppression and anti-Semitism in the former Soviet Block, have continued to enrich Jewish communal life in America.  Today there are approximately six million Jews in the United States; 22,000 live in Indiana with about 12,000 in Indianapolis.  American Jews have contributed to the sciences, arts, humanities and government and in myriad ways enhanced the spiritual and social capital of our nation.  One hundred years ago, the Jews of Indiana had the wisdom to organize across congregational lines into a wide umbrella institution known as the Jewish Federation of Greater Indianapolis, serving the humanitarian, educational, social and philanthropic needs of our community.  Its five agencies, (The Jewish Community Relations Council, The Bureau of Jewish Education, The Hooverwood Home for Aged, Park Regency Apartments for the Well Elderly and The Jewish Community Center Association), along with the many synagogues of our city and state, serve as a web of interconnectedness within the Jewish community and as a bridge to the broader civic and interfaith society.  The Jewish Community Relations Council, under the leadership of Dr. Marcia Goldstone and its Government Affairs Director, Lindsey Mintz, has had an ongoing relation with the Indiana House and Senate for over twenty years.  As the Jewish Federation of Greater Indianapolis celebrates the 100th anniversary of its founding, and commemorates the 350th anniversary of Jewish life in North America, we are proud and grateful for the ways in which Indianapolis and the State of Indiana have been home to our purposes and aspirations.  On these auspicious anniversaries, we pray that we be granted the strength and vision, along with the material and spiritual resources, to continue to be blessed and be a blessing to this heartland.”

2005 marks the 60th anniversary of the Allied liberation of the Nazi Death Camps.  To commemorate this anniversary, the Jewish Federation of Northwest Indiana offered the language below and the Indianapolis JCRC helped steer the Resolution through the legislative process.

House Resolution 66/Senate Resolution 29 commemorating the 60th anniversary of the liberation of the concentration camps in Europe.

Whereas, 2005 marks the 60th anniversary of the end of the Holocaust, which was ruthlessly and tragically carried out by Nazi Germany under the leadership of Adolph Hitler; Whereas, The Holocaust, a Greek word meaning sacrifice by fire, was the systematic murder of millions of innocent Jewish men, women, and children along with millions of others; Whereas, An enormity of suffering was inflicted on Holocaust victims through mistreatment, brutalization, violence, torture, slave labor, highly questionable medical experimentation, death marches, and numerous other acts of cruelty that are known as "crimes against humanity"; Whereas, During the past 60 years, the Holocaust has provided the people of the world with a lesson in the importance of compassion; caring; kindness; an awareness of the dangers inherent in bigotry, racism, intolerance, and prejudice; and an understanding of the importance of appreciating diversity; and Whereas, In a world where bigotry and intolerance still exist, it is more necessary than ever to communicate that hatred is a destructive force and that prejudice can lead to evil: Therefore, Be it resolved by the House of Representatives of the General Assembly of the State of Indiana: SECTION 1. That the members of the Indiana House of Representatives hereby resolve to commemorate the 60th anniversary of the Holocaust by designating May 6, 2005, as Holocaust Commemoration Day in the state of Indiana and encourage the state's citizens to commemorate the occasion through acts of compassionate caring and reflection on the terrible consequences and lessons of the Holocaust.

 HB1001   Budget Bill.                 Author: Espich; Sponsor: Meeks                                    MONITOR

·     Passed House (52-48); Passed Senate (29-21); Signed into law by Governor Daniels. 

SB332     Pledge of Allegiance and moment of silence.   Authors: Young, Torr, Noe          OPPOSE - TESTIFY                    

Requires a United States flag to be displayed in each classroom of a school corporation.  Requires a school corporation to provide a daily opportunity for students to voluntarily recite the Pledge of Allegiance.  Requires a school corporation to establish a daily moment of silence in each classroom or on school grounds. Requires the teacher to enforce silence during the moment.  Requires the attorney general to defend a school corporation in a civil suit based on an act authorized under these provisions.

·     Passed Senate (46-3); Passed House (86-6); Signed into law by Governor Daniels.

HB1009/SB281      School of Choice/Public School Transfer    Author: Behning/Kenley                 OPPOSE - TESTIFY

Provides an Income Tax Credit for education expenditures for children enrolled in K-12 at a school of choice, which may be a non-public school. Creates a scholarship for children to attend a school of choice and requires the Department of Education to withhold from state tuition support an amount equal to the school's General Fund amount (state and local) for each scholarship student. 

·     HB1009 died during walk-out after passing out of the House Education and Ways & Means Committees along party-line votes; language was inserted into SB281 and DEFEATED in the House (45-54).

HB1029   In God We Trust license plate.                  Authors: Burton, Kruse, Craycraft                     OPPOSE

Creates an In God We Trust license plate. Specifies that it is not a special group recognition license plate, and that there may not be an emblem on the plate that is a religious identifier. Requires the BMV to set a fee for the plate to cover the cost.

·     Passed House (90-3) but Died in Senate, Never heard.

HB1112   Faith-Based Transitional Prison Dorms       Author(s): Turner, Welch, Thomas            OPPOSE - TESTIFY

Allows the department of correction (DOC) to provide a transitional dormitory with faith based programming at any state operated correctional facility. Directs the DOC to submit a report to the legislative council on the progress of faith based transitional dormitories. Directs the DOC commissioner to report the progress of contracting with a faith based organization to create a pilot project to operate faith based transitional dormitories at state operated correctional facilities.  HB1429 passed the House Courts & Criminal Code Committee on a party-line vote (6-5) and then died during the walk-out, only to be resurrected and amended into SB106, which the Senate ultimately determined was not germane.  In the final hours (literally) of the session, the language appeared in the Conference Report for HB1112, which means the Senate never heard testimony or conducted debate on the bill.  The Conference Committee Report was adopted and Governor Daniels signed the bill into law.

HB1001   Budget Bill.                                 Author: Espich; Sponsor: Meeks                                      MONITOR

With respect to children’s issues, the Budget Bill does the following: mandates lower caseloads and including funding an additional 200 child protection caseworkers in each of the 2 years, plus supervision; provides funding for the Children’s Health Insurance Program, Healthy Families, and Step Ahead.

HB1217   Release of adoption history.         Author: Frizzell; Sponsor: Clark                                       SUPPORT

Requires a person, a licensed child placing agency, or county office of family and children to release to an adult adoptee certain social, medical, psychological, and educational records and reports concerning the adoptee, including adoption information from adoptions granted before July 1, 1993. 

·    Passed House (97-0); Passed Senate (45-0); Signed into law by Governor Daniels.

·    Note: amendments to ban adoption or foster parentage based on sexual orientation failed to be successfully inserted into HB1217 or SB422 (another adoption bill).

SB340     Child abuse and neglect; adoption proceedings; GAL/CASA funding                                    SUPPORT

Author: Lawson; Sponsor: Budak.  Child abuse and neglect; adoption proceedings; GAL/CASA funding. Requires the court to determine whether a person, licensed child placing agency, or county office of family and children placing a child for adoption has provided required documents to the prospective adoptive parents before granting the adoption.

·    Passed Senate (46-0); Passed House (95-0); Signed into law by Governor Daniels.

SB376     Committee on child care.                         Author: Lawson; Sponsor: Budak                             SUPPORT

Establishes the committee on child care to intensively study our child care system and recommend changes. Repeals the law concerning the board for the coordination of child care regulation.

·    Passed by Senate (44-4); Passed House (61-35); Signed into law by Governor Daniels.

SB481     Transitional living services.                       Author: Lawson; Sponsor: Budak              SUPPORT - TESTIFY

Allows the division of family and children to implement a program to provide transitional services to individuals who have become or will become 18 years of age or emancipated while receiving foster care. Allows the office of Medicaid policy and planning to apply for a Medicaid waiver to provide services to individuals who are at least 18 years of age but less than 21 years of age who have become to old too be eligible for foster care.  The budget includes $1 million per year to implement the initiative.

·    Passed Senate (48-0); Passed House (92-0); Signed into law by Governor Daniels.

SB529     Department of child services.                    Author: Lawson; Sponsor: Behning                          SUPPORT

Creates the new Department of Child Services, revises criminal history background checks for foster parents, requires appointment of a GAL for CHINS, requires the state to apply for a special needs adoption waiver, mandates collaboration between departments to create social, emotional, and behavioral health plans for children, and other provisions.

·    Passed Senate (48-0); Passed House (98-0); Signed into law by Governor Daniels. 

SB483     Voter Identification                                 Author: Heinhold; Sponsor: Heim                             OPPOSE

Requires a precinct election officer to ask a voter to provide proof of identification before the voter is permitted to vote. Provides that a proof of identification is a document issued by the United States or the state of Indiana that shows: (1) the name of the individual to whom the document was issued; and (2) a photograph of that individual.  Specifies that a voter who is unable or declines to produce proof of identification at the polls receives a provisional ballot if the voter signs the affidavit required for a provisional ballot.                    

·    Passed Senate (31-17); Passed House (52-45); Signed into law by Governor Daniels.

SJR7        Marriage.                                                Authors: Hershman, et al; Sponsors: Turner, et al     MONITOR

Provides that marriage in Indiana consists only of the union of one man and one woman. Provides that Indiana law may not be construed to require that marital status or the legal incidents of marriage be conferred upon unmarried couples or groups. This proposed amendment has not been previously agreed to by a general assembly.

·    Passed Senate (42-8); Passed House (76-23); Will be considered again by separately elected General Assembly in 2007, and then go to the voters in the 2008 general election.

SB449     Cross Burning                                         Author: Broden                                                       MONITOR

Provides that a person who burns an object with the intent to place another person in fear of physical injury or property damage commits intimidation by burning, a Class A misdemeanor. Makes the offense a Class D felony if the person commits the crime on property owned or occupied by the victim.

·    Dead, Never heard by Committee.

SB505     Bias Crimes                                            Author: Broden                                                       MONITOR

Makes commission of a crime because of the color, creed, disability, national origin, race, religion, sexual orientation, or sex of the victim an aggravating circumstance: (1) that may be considered by a judge when the judge imposes a sentence for the crime; and (2) that, in a murder case, may provide the grounds on which the state seeks the death penalty. Makes it discrimination in jury selection, a Class A misdemeanor, for a public servant having the duty to select or summon persons for grand jury or trial jury service to knowingly or intentionally fail to select or summon a person because of the person's sexual orientation.

·    Dead, Never heard by Committee. 

HB1001   Budget Bill.                                             Author: Espich; Sponsor: Meeks                                      MONITOR

With respect to economic justice issues, the Budget Bill includes the extension of the earned income tax credit until December 31, 2011; JCRC testified in support of this bill (HB1083), which passed unanimously out of the House (97-0) and the Senate (50-0) before ultimately being inserted into the Budget.

SB523     Assistance for reentry court program participants      Author(s): Sipes, Borror                SUPPORT - TESTIFY

Makes permanent a temporary law that permits certain drug offenders participating in a reentry court program to receive food stamps or Temporary Assistance to Needy Families (TANF).

·    Passed Senate (48-0); Passed House (80-16); Signed into law by Governor Daniels. 

HB1001   Budget Bill.                             Author: Espich; Sponsor: Meeks                                      MONITOR

With respect to education issues, the Budget Bill includes the school funding formula, which was altered this year to ensure more money will “follow the child”; additionally, the enrollment date for kindergarten entrance was moved up a month to August (from July) (see below).

HB1009/SB281      School of Choice/Public School Transfer    Author: Behning/Kenley                   OPPOSE - TESTIFY

Provides an Income Tax Credit for education expenditures for children enrolled in K-12 at a school of choice, which may be a non-public school. Creates a scholarship for children to attend a school of choice and requires the Department of Education to withhold from state tuition support an amount equal to the school's General Fund amount (state and local) for each scholarship student. 

·     HB1009 died during walk-out after passing out of the House Education and Ways & Means Committees along party-line votes; language was inserted into SB281 and DEFEATED in the House (45-54).

HB1794   Various education matters.                  Author(s): Behning, Lubbers                                            MONITOR

(1) Requires schools to report the reasons for student suspensions and expulsions to the department of education, and to categorize suspended and expelled students by gender, ethnicity, and disability status. (2) Authorizes an agreement for court assisted resolution of suspension and expulsion cases between a court having juvenile jurisdiction and a public school corporation, and provides that what happens in proceeding cannot be used against the student in later proceedings, and for expungement of these records. (3) Permits a public school student who is at least 16 years of age and less than 18 years of age to withdraw from school by: (A) attending an exit interview; (B) obtaining the consent of the student's parent; and (C) obtaining the consent of the school principal. (4) Allows schools to establish flexible instruction programs.

·    Passed House (77-8); Passed Senate (32-16); Signed into law by Governor Daniels.

SB200     Core 40 curriculum.                  Author: Lubbers; Sponsor; Behning                                         MONITOR

Beginning with the 2010-2011 school year, requires, with certain exceptions, a student to complete the Core 40 curriculum in order to graduate from high school. Beginning with the 2011-2012 academic year, requires, with certain exceptions, a student to have completed the Core 40 curriculum to be admitted to a four-year degree program in a state educational institution.

·    Passed Senate (34-14); Passed House (58-39); Signed into law by Governor Daniels.

SB231     Kindergarten Enrollment Date                   Author: Lubbers; Sponsor: Behning           SUPPORT - TESTIFY

Provides that a child must be at least five years of age on August 1 of the 2006-2007 school year or a subsequent school year to enroll in a school corporation's kindergarten program for that year. (Current law provides that a child must be at least five years of age on July 1.)

·    Passed Senate (34-15); then successfully placed into the Budget bill, where it stayed and was signed into law.

SB285     Bullying.                                  Author: Rogers; Sponsor: Behning                                          MONITOR

Defines "bullying", and requires a school corporation to adopt rules to prohibit bullying. Allows the use of grants from the safe schools fund to provide education and training to school personnel concerning bullying, and requires the inclusion of anti-bullying training in school safety specialist education. Requires each school to establish a safe school committee.

·    Passed Senate (40-7); Passed House (67-30); Signed into law by Governor Daniels.

SB598     Charter Schools                       Author: Lubbers; Sponsor: Behning                                         MONITOR

Requires DOE to obtain federal funding for charter schools. Requires DOE to publish in its school performance reports, in addition to ISTEP scores, any nationally recognized comprehensive assessment program data submitted by a school corporation, including a charter school. Increases the review period for applications to become a charter school. Allows a charter school to provide online and computer instruction in the same manner as other public schools. Indicates that a charter school may use a private auditor and prepare financial reports in addition to audits and financial reports required by the state board of accounts. Provides that the law governing grants to alternative school programs applies to charter schools. Allows the common school fund interest balance to be used for charter school facility financing.

·    Passed Senate (33-17); Passed House (55-44); Signed into law by Governor Daniels.

HB1001   Budget Bill.                              Author: Espich; Sponsor: Meeks                                               MONITOR

With respect to the elderly and disabled, the Budget Bill includes the same funding levels as in the past for the CHOICE program (Community and Home Options to Institutional Care for the Elderly and Disabled).  JCRC joined efforts with the Indiana Home Care Task Force to achieve a major grassroots victory in defeating destructive changes to the CHOICE program that surfaced in the Senate version of the Budget bill late during the session.  CHOICE is a 100% state-funded program that pays for a range of community-based services designed to keep individuals out of nursing homes and from being forced into poverty by long-term care costs.  It provides services to Indiana residents who are age 60 and older and to persons with disabilities of any age who are unable to perform two or more activities of daily living.  CHOICE funds are available on a sliding scale according to income.  Proposed changes in the Senate would have lifted the $7.9 million cap on transfers of CHOICE dollars for use in the Medicaid Aged and Disabled Waiver, raised CHOICE eligibility to persons having difficulty performing at least three activities of daily, the same standard for nursing home admission, prioritized eligibility for persons unable to perform at least four, instead of three, activities of daily living, and capped provider reimbursement at rates paid under the Medicaid Aged and Disabled Waiver.  Under the final version of the budget bill, provider reimbursement rates that were previously determined regionally by the Area Agencies on Aging will now be set by the Family and Social Services Administration in consultation with the local Area Agencies on Aging.  One change that remains is an asset ceiling of $500,000 for CHOICE eligibility.  Advocates do not believe this will significantly impact persons served by the program.  New language, not contained in the House or Senate versions but included by surprise and without discussion in the final conference committee report, prohibits the counting of CHOICE dollars in a Medicaid recipient’s spend down requirements.  The financial hardship this will undoubtedly cause Medicaid recipients with spend-downs may not materialize, however, as reputable sources believe this new language may violate federal provisions regarding the use of public funds to satisfy spend down requirements.

 
HB1069   Home and community based service.         Author: Hinkle; Sponsor: Young               SUPPORT - TESTIFY

Voids rules adopted by the division of disability, aging, and rehabilitative services (DDARS) concerning home and community based services (HCBS). Requires DDARS to adopt new rules implementing: (1) the caretaker support program; and (2) standards for continuum of care providers. Requires DDARS to consult with certain interested parties to ensure that the new rules: (1) protect consumers of HCBS; (2) address the specific needs of distinct populations of consumers;

·    Passed House (94-0); Passed Senate (49-0); Signed into law by Governor Daniels.

SB615     CHOICE Board                                         Author: Server; Sponsor: Becker                              SUPPORT

Extends the legal deadlines to implement SEA 493 (2003) by another two years; increases the number of consumer representatives on the CHOICE Board; requires FSSA to submit any proposed rule to the CHOICE Board for a full hearing.

·    Passed Senate (48-0); Passed House (98-0); Signed into law by Governor Daniels.

HB1159   Missing endangered seniors.                    Author: Ruppel; Sponsor: Zakas                               SUPPORT

Provides that a law enforcement agency that receives a credible notification concerning a missing endangered adult may prepare and forward a report concerning the missing endangered adult to: (1) other law enforcement agencies; (2) the National Crime Information Center; (3) the data and communication system; and (4) broadcasters in the area where the missing endangered adult may be located.

·    Passed House (96-0); Passed Senate (48-0); Signed into law by Governor Daniels.

HB1326   CHOICE funding                                       Author: Becker; Sponsor: Server                             SUPPORT

Provides that money appropriated but not spent in a fiscal year for the community and home options to institutional care for the elderly and disabled program (CHOICE) does not revert to the state general fund and may be used in subsequent fiscal years for certain programs.

·    Passed by House (94-0); Died in Senate Appropriations; but similar funding levels ensured in Budget bill.

SB206     Home medical equipment services provider licensing.  Author(s): Dillon, Lehe           SUPPORT - TESITFY

Establishes a program for the licensing and regulation of personal services agencies. Provides that home health agencies and personal services agencies are approved to provide home health or personal services under certain federal waivers. Provides that home health services includes services that are required to be ordered or performed by certain health care professionals.

·    Passed Senate (48-2); Passed House (97-0); Signed into law by Governor Daniels.

HB1325   Medicaid Prescription Drugs.                     Author: Becker; Sponsor: Server                             SUPPORT

Allows the office of Medicaid policy and planning (office) to provide a prescription drug benefit in the Medicaid risk based managed care program. Allows a managed care provider contract or provider agreement to include a prescription drug program. Establishes the mental health quality advisory committee.

·    Passed House (95-0); Passed Senate (49-0); Signed into law by Governor Daniels.

SB222     Preexisiting Condition Waivers.                 Author: Miller; Sponsor: Ripley                                OPPOSE

Provides that individual and certain group policies of accident and sickness insurance may contain a waiver of coverage for a specified condition under certain circumstances. Specifies that an offer of coverage under a policy that includes a waiver does not preclude eligibility for a comprehensive health insurance association policy.

·    Passed Senate (47-0); Passed House (76-17); Died during Conference Committee.

SB269     Health coverage mandate option.              Author: Miller; Sponsor: Behning                             OPPOSE

Allows, under certain circumstances, an accident and sickness insurer or a health maintenance organization to provide a policy or contract without complying with all health benefit mandates.     

·    Passed Senate (40-8); Assigned to House Insurance Committee and never heard, so it died.

SB432     Long term care plan.                Author: Miller; Sponsor: Becker                 MOINTOR

Requires the office of the secretary of family and social services to develop a plan concerning specified issues relating to long term care and Medicaid costs and submit the plan to legislative council.

·    Passed Senate (47-1); Passed House (92-0); Signed into law by Governor Daniels.

HB1075   Health Insurance Waiver.                         Author: Torr; Sponsor: Miller                                  MONITOR

Provides that individual and certain group policies of accident and sickness insurance may contain a waiver of coverage for a specified condition under certain circumstances. Specifies that an offer of coverage under a policy that includes a waiver does not preclude eligibility for a comprehensive health insurance association policy. Requires certain reporting concerning policies issued with waivers. Language removed which would have an insurance policy or a health maintenance organization contract to be offered without compliance with all health benefit mandates.)

·    Conference Report Passed House (82-6); Passed Senate (48-0); Signed into law by Governor Daniels.

HB1776   Seizing weapons from a dangerous individual.           Author: Buell; Sponsor: Miller                   SUPPORT

Permits a law enforcement officer to seize a firearm possessed by an individual whom the officer reasonably believes to be dangerous. Requires the firearm to be returned to the individual within 14 days unless a court finds that the individual is dangerous and that retention of the firearm by the law enforcement agency is appropriate. Permits a court to issue a search warrant for a firearm possessed by an individual believed to be dangerous if certain conditions are met.

·    Passed House (100-0); Passed Senate (48-1); Signed into law by Governor Daniels.

SB230     Sex offender directory and victim notification.            Author: Lubbers; Sponsor: Becker             MONITOR

Adds registered neighborhood associations to the list of entities that must periodically receive the sex and violent offender directory published by the criminal justice institute. Allows the department of correction to establish an automated victim notification system. Allows a crime victim to register for the system by telephone. Provides that a system must notify a registered crime victim by telephone when: (1) a committed offender's status changes; or (2) the offender is released or has escaped.

·    Passed by Senate (47-0) and House (89-0); Signed into law by Governor Daniels. 

SB32       Handgun licenses and noncitizens.            Author(s) Zakas; Ulmer                                           MONITOR

Permits the issuance of a license to carry a handgun only to: (1) citizens; and (2) noncitizens who are allowed under federal law to carry a firearm in the United States. Prohibits a person who: (1) is prohibited by court order from possessing a handgun; or (2) has been convicted of a crime of domestic violence (unless a court restores the person's right to possess a firearm); from obtaining a license to carry a handgun.

·    Passed Senate (48-0); Passed House (98-0); Signed into law by Governor Daniels. 

The Health Access and Privacy Alliance, of which JCRC is a member, tracked a total of 17 bills, only three of which were pro-family planning.  Several bills were designed to regulate abortion clinics despite a lack of evidence of the existence of health or safety problems.  On the contrary, Indiana’s 9 first-trimester abortion clinics have an enviable complication rate of less than 0.5%, according to the Indiana State Department of Health.  Another bill would have changed Indiana law to protect pharmacy personnel from reprimand or job loss if they refused to dispense contraceptives of any kind. In other words, an employee could keep his job while refusing to do it.  Three bills attempted to establish fetal viability at 20 weeks and would have required physicians to inform a pregnant woman that an anesthetic may be provided to a fetus.  Yet another bill required each Indiana school corporation to include instruction regarding human fetal development in its high school health education curriculum, including descriptions and photographs of each stage of fetal development and health consequences of early termination of pregnancy.  In a state that does not require school corporations to teach sex education, this would be a needless misuse of both state and local education resources, and could potentially result in a curriculum designed solely as anti-choice propaganda.  A particularly nasty batch of three bills would have made it a Class D felony for a woman to take drugs while pregnant.  Testimony from substance abuse providers and health advocates convinced legislators that treatment, not punishment, was the better solution to the problem and the bills were killed in committee.  A positive outcome was a commitment among health advocates and legislators to bring forward a bill in the next session to address the problem through treatment for pregnant women abusing drugs and/or alcohol.  In the end, four of the original seventeen bills passed in both houses and were signed into law.

SB76       Availability of ultrasound and fetal heart tone information.         Authors: Young, Miller              OPPOSE

Amends current “informed consent” law to require abortion providers to inform the pregnant woman about the availability of ultrasound and technology to “hear the heart tones” of the fetus as part of her consultation at least 18 hours before the abortion.  Since Indiana abortion clinics already use ultrasound, and in early abortions there is nothing to hear, this politically motivated bill has no medical value.  Rather it is a mean-spirited attempt to guilt-trip women who have already made the decision to have an abortion.

·    Passed Senate (40-8); Passed House (83-13); Signed into law by Governor Daniels

SB268     Cloning.                                                       Author: Miller                                 OPPOSE - TESTIFY

Declares that human cloning is against public policy, and prohibits the state, a state educational institution, or a political subdivision of the state from using resources to knowingly participate in human cloning activities.  An amendment written by Rep. David Orentlicher was successfully attached to the bill, allowing women to be compensated for the eggs harvested to help infertile women become pregnant.

·    Passed Senate (48-0); Passed House (80-15); Signed into law by Governor Daniels.

SB568     Birthing Centers                                                     Author: Miller                                          OPPOSE  

Requires birthing centers and abortion clinics to be licensed by the state department of health.

SB 568 requires that the Indiana State Department of Health create a licensure and regulation process for both abortion and birthing centers.  The state has until December 31, 2005 to promulgate regulations.  It is unknown whether the regulations will be reasonable or whether they will be written with the intent to shut down abortion clinics.  Once the regulations are drafted, they will be posted for public comment, probably in late summer.

·    Passed Senate (48-0); Passed House (75-18); Signed into law by Governor Daniels.

SB572     Medicaid waiver for family planning services.            Author: Kenley, Simpson           SUPPORT/MONITOR

Requires the state to apply for a Medicaid expansion waiver to pay for family planning services and supplies for certain low-income women up to two years following the birth of a child. Unfortunately, anti-choice extremists amended this Medicaid extension to forbid coverage of any birth control form that might prevent a fertilized egg from implanting in the uterus, specifically an IUD or emergency contraception.  Nevertheless, passage of this bill is a true success story for women’s reproductive health.  If Indiana’s application is accepted, this expansion of Medicaid family planning will improve the health and well being of Indiana mothers, babies, and families while saving the state money.

·    Passed Senate (48-0); Passed House (95-0); Signed into law by Governor Daniels.

HB 1056     Food handler exemption.       Author: Duncan; Sponsor: Weatherwax                            SUPPORT

Changes the food requirements for a food establishment to be exempt from being required to have a certified food handler.  Provides that certain nonprofit organizations are not required to use certified food handlers.

·    Passed House (95-0); Passed Senate (47-0); Signed into law by Governor Daniels.

HB1126      Immunity for 501 (c) (3) organizations           Author: Foley; Sponsor: Riegsecker         MONITOR

Provides that volunteers and volunteer directors of: (1) certain community mental retardation and other developmental disabilities centers; (2) certain rehabilitation centers; and (3) nonprofit organizations; are immune from civil liability arising from the performance of the duties of the volunteer or volunteer director if the volunteer or volunteer director exercises reasonable care in the performance of those duties.

·    Passed House (94-0); Passed Senate (49-0); Signed into law by Governor Daniels.

SB127  Daylight Saving                          Author: Riegsecker; Sponsor: Torr                                  MONITOR

·    Passed House (38-10); Passed Senate (51-47); Signed into law by Governor Daniels.

SB132  Premises Liability.                       Author: Zakas; Sponsor: Borders                         MONITOR

Provides that if a person enters the premises of a nonprofit religious organization used for worship services with the permission of the nonprofit religious organization, the only duty the nonprofit religious organization has concerning the person is to: (1) warn the person of a hidden danger on the premises if a representative of the nonprofit religious organization has actual knowledge of the hidden danger; and (2) refrain from intentionally harming the person. Provides that if a person enters the premises of a nonprofit religious organization without the permission of the nonprofit religious organization, the only duty the nonprofit religious organization has concerning the person is to refrain from intentionally harming the person.

·    Passed Senate (49-0); Passed House (94-0); Signed into law by Governor Daniels.

SB578  State bonding entities.                Author: Hershman; Sponsor: Buell                                SUPPORT - TESTIFY

Among other items, this bill would have allowed cities, towns, townships, or any political subdivision the option of investing in Israel Bonds.  The Israel Bonds language had originated in House Bill 1456 (Murphy; Orentlicher), which passed unanimously out of the House Local Government Committee, and then died during the walk-out.  It was then successfully inserted into SB578 and passed the House (97-0).  During the final stages of the Conference Committees, however, this particular language was removed.