04/12/21 Vol. 33, No. 16

House Facebook face-off in court Play (hard) ball! Brace for “friendly” power play in court And no, it’s not who you think it would be . . . The conference committee report on HB The American Civil Liberties Union of files suit against Rep. J.D. 1123, the measure allowing the General Prescott (R) in U.S. District Court for the Southern District of Indiana for Assembly to call itself into session (and have blocking a constituent from commenting on the lawmaker’s Facebook page some additional control over certain federal which the complaint alleges “doubles as his official legislative account.” Kloer stimulus funds) passed the House 64-33 and, v. Prescott, 1:21-cv-00807-JPH-DML. just shortly thereafter, 37-10 in the Senate (no senators offered any debate on the measure). The complaint explains that “even though Representative Prescott’s Facebook page was initially created as a ‘political candidate page’ in order to support his All Democrats voting in both chambers sided campaign for the Indiana House of Representatives, he utilizes the page also with the Governor on the CCR. Reps. John as his official page as a member of the . He does not Jacob (R), Jim Lucas (R), and Curt Nisly (R) maintain or operate a separate Facebook page that serves as his official page as voted against the report — presumably because a member of the Indiana General Assembly. In fact, in July 2019 they felt it did not go far enough, while Rep. Representative Prescott formally changed the name of his Facebook page from Tom Saunders (R) also voted against it. ‘J.D. Prescott for State Representative’ to simply ‘J.D. Prescott State Representative.’ Since July 2019 the name of his Facebook page has remained This bill — unlike, perhaps, the related items ‘J.D. Prescott State Representative.’ On information and belief, Representative in the emergency powers package — is destined to be vetoed, with a swift override Prescott often makes posts to his Facebook page during times when he is (the . 3-hour period between veto of the engaged in formal legislative activities or otherwise working in his capacity as budget bill with the riverboat authorization a member of the Indiana House of Representatives.” in a 1993 special session holds the record for quickest veto and override) . . . an will end up However, the State of Indiana, the Indiana House of Representatives, nor the in court, with Supreme Court justices already Indiana House Republican Caucus are named as defendants, so it will be sharpening their constitutional interpretation interesting to see who defends Rep. Prescott (the lawsuit even notes that the and separation of powers chops. “Facebook page is nominally a so-called ‘political candidate page’ ....”). Our guess: outside counsel retained by the House majority. As we tried to explain last week, the details of the litigation — from the chosen plaintiffs Brandon Kloer claims to have left a comment — “not threatening, obscene, and defendants to who will serve counsel on profane, or otherwise improper” — which questioned Rep. Prescott’s position both sides and the particular points to be on school funding (HB 1005) and found himself “swiftly ‘blocked’ from the challenged — are more critical here than in Facebook page,” and his previous comments removed. The ACLU of Indiana most lawsuits, and we’ll be analyzing it for you. lawsuit, filed on Kloer’s behalf, alleges Rep. Prescott’s blocking of Facebook users whom he believes to be unfavorable to or critical of his positions — while simultaneously allowing comments that are favorable to or supportive of him to be viewed by the public — constitutes viewpoint-based discrimination that violates the First Amendment. “The interactive portion of a public official’s Facebook page is considered a public forum, thus public officials cannot block constituents from commenting because of the opinions they hold,” contends Gavin Rose, the senior attorney for ACLU of Indiana who filed the complaint, and “by blocking Mr. Kloer, Representative Prescott prohibited him from engaging in any expressive activity on Representative Prescott’s Facebook page,” the complaint asserts, and Prescott “acted under color of state law” in so doing. The ACLU of Indiana also asks Judge James P. Hanlon to enjoin Rep. Prescott (a) from blocking Kloer from the Prescott Facebook page; (b) from blocking Facebook users in the future based on the viewpoints that they express; and (c) to restore any and all comments that have been censored from the Facebook page “due to the viewpoints that they express.” One big sticking point: there is no clear test the courts have yet adopted to identify when a social media site morphs into a “government” site. For more, please see the following page . . . April 12, 2021/2

Courts have looked to a variety of factors to determine if a ! Chad Harmon (D), who lives on the north social media account is used for governmental business and side, opens a federal campaign committee for a bid in what is therefore must be open to the public, and comments posted now CD 09, which runs from Johnson County to the and retained. The Kloer lawsuit seeks to show the court that River . . . but he may be hedging his bets, because he also last Rep. Prescott has used his Facebook “page regularly to post week registered an exploratory committee for an unspecified information on legislation, policy initiatives, and other state office with the Indiana Election Division (he lists an matters of importance to his constituents” to help prove that Indianapolis bank as his depository institution on his federal the Prescott Facebook page is indeed a “public forum” — a registration, but none on his Indiana statement). setting effectively controlled by government and which it opens for the public to express ideas and opinions. IN Other Political News . . . ! Former vice president Mike Pence (R) and his former chief The lawsuit notes that the Prescott Facebook page includes of staff, Marc Short, will co-chair Advancing American information recently posted about legislation he was Freedom, a political advocacy group that expects to “merge authoring, advocating, or opposing; responses to comments lodged on the site about gubernatorial emergency powers; traditional Conservative values with the Make America Great information about loans offered to small businesses and Again policy agenda that propelled the nation to new non-profit organizations hurt by the pandemic; requests economic heights, and unprecedented strength and for constituent input on relevant issues; links to his official prosperity,” and “build on the success of the last four years by legislative website and official constituent survey results; and promoting traditional, conservative values and promoting the even a copy of a letter “sent on the letterhead of the Indiana successful policies of the Trump Administration,” according to House of Representatives.” a launch statement by the former Indiana governor. Advancing American Freedom promises to “oppose the expansion of The Supreme Court of the last week dismissed government under Joe Biden and ’s radical left a lawsuit filed in July 2017 by the Knight First Amendment policy agenda from , DC, into communities across Institute and seven individuals whom then-president Donald the country,” and “Conservatives will not stand idly by as the Trump (R) had blocked on his Twitter account after they had radical left and the new administration attempt to threaten criticized the president or his policies. Biden, et al. v. Knight America’s standing as the greatest nation in the world with First Amdt. Inst., et al. 593 U.S. ____ (2021) The plaintiffs their destructive policies,” he adds. alleged that blocking them was a First Amendment violation; Q they won in district court, and the U.S. Court of Appeals for The Pence platform will allow him to outline and push the Second Circuit upheld the trial court ruling. his policy agenda as well as travel nationally to help build chits and support from Republicans in key states while not formally Following After consideration of the case at 11(!) consecutive being a candidate. conferences, the Court finally remanded the matter back to the Q Second Circuit with instructions to dismiss it as moot . . . He’s also cut a deal with Simon & Schuster “to invite despite Justice Clarence Thomas, in a lengthy concurring readers on a journey from a small town in Indiana to opinion, making it clear that he was spoiling for an Washington, DC” in an autobiography due out in 2023, part opportunity to make some new caselaw on social media issues, of a two-book deal said to bring him between $3.5 million and to which, he made clear, the old constructs do not always $4 million. “I am grateful to have the opportunity to tell the generally apply — and to determine “where to draw the line story of my life in public service to the American people, from between the [public official]’s personal decisions and official serving in Congress, to the Indiana Governor’s office and as conduct.” Vice President of the United States,” the former veep says. Ironically, Rep. Prescott was the author of HB 1312, legislation ! The Democratic National Committee opens a month-long — which never received a hearing — that would impose a digital run April 5 for a new “HELP IS HERE” billboard on I-465 in advertising surcharge tax on social media providers who derive Indianapolis, north of I-70 and just 1.7 miles from the at least $1 million in revenue from advertising services on Indianapolis International Airport. The billboard thanks the their respective platforms. President (with a big smiling picture) for providing $1,400 stimulus checks and “$$$” to reopen schools and distribute vaccines — “NO THANKS TO” Indiana’s two U.S. senators, who, DNC separately explains, voted against the American IN Politics Rescue Plan. Federal Office Races . . . Q ! New DNC Chair Jaime Harrison explains, “Democrats Friends of , Inc., the campaign committee for passed this relief package, which is already providing Hoosiers U.S. Sen. Todd Young (R), adds the 2021 Senators Classic with direct payments and resources to help manufacture and Committee to the Young Victory Committee and the Cornyn distribute vaccines, because they knew help couldn’t wait. Now, Victory Committee as the campaign’s authorized joint we’re making sure every Hoosier knows it’s no thanks to fundraising committees. The new addition is comprised of Senators Braun and Young.” committees for 14 Republican senators whose seats are up for election in 2022. ! Nick Barbknecht is the new LaPorte County Republican ! Party chair, reassuming the post he resigned in 2017 to move Without even knowing the geographic composition of what to Washington, D.C., where his wife, Kenzie Barbknecht, had is now CD 05 before redistricting (which was CD 06 before the taken a media affairs job with the Pence Office of the Vice 2011 redistricting) the Democratic Congressional Campaign President. When they left D.C. at the end of the Trump Committee reveals that it will be one of 22 “House Democrats’ Administration, Nick had been serving as associate director of initial Districts In Play for the 2022 election cycle.” the White House Office of Intergovernmental Affairs. WWW.INDIANAINSIGHT.COM April 12, 2021/3

Q Kenzie Barbknecht is now back at the State House (where Q The native Hoosier suggests “The persistent ‘national she had worked for the Pence Administration Office of the identity’ framing might be part of the problem” creating Governor) as the new deputy director of the Office of division. He believes “premising unity on national identity is Communications and Outreach for the Office of the Attorney counterproductive. Besides being especially contentious, the General culture-war politics of national identity is disorienting. We are asking of national identity something that, in a pluralistic ! Remember that end of March memo from U.S. Rep. Jim Banks (R), the Republican Study Committee chair, to House society, it cannot provide, leaving us still more disappointed Republican Leader Kevin McCarthy (R-CA)? Well, Breitbart and angry. There is another way: Supplement the high-stakes News reports that during a call with the Congressional politics of national identity with a revived focus on local Institute a few days later], the House Republican Conference identity.” chair, U.S. Rep. Liz Cheney (R-WY), “slammed” the Banks Q memo “as Neo-Marxist” and she “rebuked the call for making Ruckelshaus, a Cathedral High School and Duke the Republican Party the party of working-class voters. ‘Cheney University alumnus, observes that “national identity is not our argued the GOP is not the party of class warfare and that only source of commonality. We are also all residents — in dividing society into classes while attacking the private sector effect, members — of states, and most of us of cities or towns; is neo-Marxist and wrong,” Politico’s Melanie Zanona wrote.” some of us identify the counties we live in as home. This Q simple fact has been greatly neglected in conversations about Breitbart’s congressional reporter, Sean Moran, asks Rep. both polarization and unity, a victim of the relentless Banks about Rep. Cheney’s concerns over the focus on nationalization of American politics. A commitment to working class voters, and the RSC leader responds, “ ‘They feel localism promises ready-made practices, institutions and like America is dramatically changing right before their eyes — narrative resources to lower the partisan temperature and I hear it everywhere I go,’ Banks said Monday regarding voters’ reorient American politics for the better .... Cities and states concerns during the House recess.” ground us with sources of affection more concrete than ! Hoosier Jay Ruckelshaus, a Rhodes Scholar and a Ph.D. inscrutable national identity — something closer to hand and candidate in politics at the University of Oxford, offers “A to heart. The coronavirus pandemic has encouraged a great Way to Tamp Down the Toxic Politics of National Identity” re-centering of attention, reminding us of the irreplaceability in Governing. “Rather than end our ‘uncivil war,’ our efforts of proximate contact — neighborhood block parties, co-ops, to find a shared American identity have left us more divided mutual aid networks. These are inklings of the broader shift in than ever. In the search for unity, we should look to a revived the sources of common meaning and understanding that focus on local identity,” writes Ruckelshaus. localism allows.”

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Q He talks about working to create “patriotism of place, an ethos of civic pride in the idiosyncrasies and particular values IN the Outbreak that distinguish your city or town from all others,” and notes, ! The Centers for Disease Control and Prevention awards “My hometown, Indianapolis, celebrated its bicentennial last Indiana $60,831,341 to support local efforts to increase vaccine year with an unprecedentedly inclusive planning process about uptake by expanding Covid-19 vaccine programs and ensuring the principles and values that will guide ‘the community’s greater equity and access to vaccine by those disproportionately collective vision’ on land use, transit, housing, development affected by SARS-CoV-2, the virus that causes Covid-19. The and much more,” and that this localism doesn’t have to mean Indiana award is part of $3 billion in funding that CDC is “provincialism .... Indy’s identity isn’t grounded in a granting to 64 jurisdictions to bolster broad-based vaccine monolithic understanding of this place, but rather in an distribution, access, and administration efforts. Funding comes ongoing conversation. At its best, localism makes room for from the American Rescue Plan and the CARES Act. experiment and critique, within enough visible commonality to anchor feelings of attachment, belonging and pride.” Q To ensure health equity and expanded access to vaccines, 75% of the total funding must focus on specific programs and Q Ruckelshaus, who hails from a family steeped in public initiatives intended to increase vaccine access, acceptance, and service (his father, grandfather, and great uncle all served in uptake among racial and ethnic minority communities; and the Indiana General Assembly and each assumed other degrees 60% must be directed to support local health departments, of public prominence), finds that “Besides invigorating civic community-based entities, and community health centers. spirit and dampening polarization, localism offers overlooked ! solutions to other major political pathologies,” and “The local The Bloomington Catalent, Inc. contract drug production lens can help shore up governmental legitimacy and trust, too. facility (they fill vials with medication, cap the product, and In an age of political alienation and populism, the abstract prepare it for shipment) will expand its work on behalf U.S. principles of liberal democracy — separation of powers, respect production of Moderna, with the Wall Street Journal reporting for rights, the rule of law — need tangible embodiment to that Catalent reaches an agreement with Moderna to increase sustain citizen allegiance. They need visibility. A place-based the speed of Covid-19 vaccine output at the plant yet this month to about 400 vials per minute (not doubling the rate, focus promises to ground policy discourse in a vocabulary that as some reports had indicated). “Catalent will shift speaks to everyday concerns. Moreover, local engagement often manufacturing of the shot to one faster production line from produces quicker results with a more obvious link to citizen two slower ones. New doses will be ready for shipping starting action. But perhaps the greatest benefit of localism is also the next month, ... and the upgraded plant will be able fill an simplest: Politics doesn’t have to feel this way. The toxicity of additional 80 million vials a year .... The new deal builds on the past decade notwithstanding, we are wrong to equate Catalent’s agreement from last June to help produce political life with endless, demoralizing struggle. It needn’t be Moderna’s vaccine. As part of the expansion, Catalent is so. To see how, we should look not up, but down,” dedicating a high-speed production line at its Indiana plant to Ruckelshaus concludes. do fill-finish.”

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! City of Carmel Utilities serves up this gem in its 2020 Q Some 75% of Hoosiers 70 and older have been vaccinated. annual report from the “things you never think about While Indiana’s white population accounts for 86.6% of all department”: “Overall, the use of water in Carmel increased by vaccinations (whites account for 86.0% of the state’s overall five percent for 2020. This is due to people being home more; population ages 16 or older), only 5.4% of the vaccinations washing hands more frequently and using water for domestic have been administered to the state’s Black population — a cleaning and outdoor projects, many of which move to the top slowly improving rate — even though Blacks comprise 9.4% of of the to-do lists as people were home to do them! the population ages 16 or older. Gary vaccination clinics Interestingly, April (2020) saw a higher bump particularly (which seem to have attracted an inordinate number of when compared to prior years. This is due in part to the fact residents; ’s public health commissioner on Thursday that people were home instead of traveling for Spring Break.” encouraged such visits: “Indiana has got plenty of vaccine and not enough people taking it”) and Indianapolis mobile Q Communities saw an increase in trash for collection last vaccination clinics are helping that percentage to improve. As year as more people had time to clean up attics, basements, we’ve also explained, those numbers may be misleading or closets, and storage areas . . . and recycling also grew as staying skewed because there hadn’t been as many Blacks as whites in at home resulted in additional online ordering which meant the higher-age cohorts that were vaccine-eligible until the extra packaging and related materials wee recycled. groups eligible expanded down in age. ! Yergy’s State Road BBQ and the Office of the Attorney ! Here is our top 10 compilation of per capita Covid-19 cases General have agreed upon an April 14 date for Yergy’s to and deaths as of midnight, Wednesday, April 7: respond to the Governor’s motion to dismiss and the local health department’s answer to the Yergy’s complaint in the Cases Deaths Wells County litigation over the Governor’s mask mandate County per 10,000 County per 10,000 and local shutdown order. Yergy’s State Road BBQ, LLC v. 01 Cass 1,498.6 01 Pulaski 36.43 Wells Co. Health Dept., et al., No. 90C01-2012-PL- 000015. 02 Dubois 1,414.7 02 Decatur 34.64 03 Elkhart 1,294.5 03 Randolph 32.03 ! There is continued cause for concern about the rise in 04 Clinton 1,270.7 04 Wayne 29.75 Covid-19 cases throughout Indiana as spring breaks get 05 Fountain 1,267.0 05 Daviess 29.68 underway for many school districts. The number of new cases 06 White 1,265.9 06 Tipton 28.39 reported Thursday (1,397) rose to its highest level since 07 Gibson 1,260.0 07 Wells 28.27 February 20, and the seven-day positivity rate (which runs one 08 Marshall 1,228.3 08 Vermillion 27.75 week behind) continues four-week upward slope to its highest 09 St. Joseph 1,214.8 09 Fountain 27.53 rate (4.6%) since February 17. More Hoosiers are currently 10 Warrick 1,213.1 10 Pike 27.44 hospitalized with Covid-19 since February 27. Q ! All Hoosiers 16 years of age and older are eligible for the By way of comparison, here is the top 10 list of actual Covid-19 vaccine as of March 31 — but just how that plays out positive cases (694,836), and deaths (12,710 under the new in practice depends upon the state receiving a large increase in rubric) by county as of Wednesday, April 7. The state passed the amount of vaccine as promised by the federal government the 12,000-death threshold on February 10 if you include the This adds 1.3 million more people to the vaccine eligibility presumptive Covid deaths. Tyson Foods, which was associated rolls, making a total of 5.4 million Hoosiers eligible. For the with the mega-outbreak early in the pandemic in Cass County, hosted mass vaccination clinics for all of its employees at first time, Indiana residency is no longer a prerequisite. Indiana plants (Corydon, Indianapolis, Logansport, and Q As of the end of the day on Monday, April 5, 16.4% of Portland) last week. Marion County residents had been fully vaccinated, and a Q Marion County is just a few cases short of 95,000 cases majority of county residents 65 years of age or older have bee and has surpassed 1,700 deaths; Lake County tops 50,000 cases; fully vaccinated. five counties have experienced more than 30,000 cases; six ! The Indiana State Department of Health reports that as of counties in total have now seen 25,000 cases, and eight register the end of Thursday, April 8, 1,321,876 Hoosiers have been more than 20,000 cases. Almost 30% of all Indiana counties are fully vaccinated (19.3% of the population; 24.3% of those 16 unlucky members of the inauspicious 10,000-case club. years of age and older for whom a vaccine has been approved) Q and another 1,873,481 have been administered just the first Note that the rank order of counties in both cases and dose of a two-dose vaccine (9.6% of the population and 12.1% deaths among the top 10 has remained effectively unchanged of those 16+). Indiana should have hit the 2 million-shot over the past month, reflecting the slowing of the spread and milestone (administration of at least one dose) on April 8. decline in the rate of deaths.

County Cases County Deaths Q Overall vaccination demographic percentages for those fully vaccinated (57.8% are female, a percentage that has been 01 Marion 94,704 01 Marion 1,702 steadily decreasing in recent weeks): 02 Lake 50,569 02 Lake 926

Ages Ages 03 Allen 38,344 03 Allen 666 80+ 13.0% 45 - 49 4.0% 04 Hamilton 33,867 04 St. Joseph 534 75 - 79 9.9% 40 - 44 3.8% 05 St. Joseph 33,020 05 Elkhart 429 70 - 74 14.8% 35 - 39 3.4% 06 Elkhart 26,711 06 Hamilton 404 65 - 69 15.6% 30 - 34 2.9% 07 Vanderburgh 21,899 07 Vanderburgh 393 60 - 64 11.9% 25 - 29 2.6% 08 Tippecanoe 21,316 08 Johnson 371 55 - 59 8.7% 20 - 24 2.1% 09 Johnson 17,265 09 Madison 335 50 - 54 6.8% 16 - 19 0.4% 10 Porter 16,915 10 Hendricks 308 WWW.INDIANAINSIGHT.COM FIRST IN PUBLIC AFFAIRS

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Q The four counties with the lowest current number of cases Q Red denotes the “high risk” category, orange is continue to share the interesting characteristic we’ve hyped for “moderate-to-high” risk of spread, the “moderate risk” silo is you: they border three different states. Only eight counties yellow, and blue is reserved for those counties deemed to be at continue to register fewer than 1,000 cases, and six of those a “low risk” of spread. We’re continuing to see some back- eight are border counties. Just as the state’s largest county is sliding after a significant positive change from the end of home to the most Covid cases, the state’s smallest county, January when almost 80% of all counties found themselves Ohio County, continues to report the fewest cases, just 553. mired in the highest risk category and things shifted only in Q the subsequent two weeks. The 45 counties in the blue (lowest There are now at least 31 counties (more than one-third of risk) category is under 50 (and under 50%) for the first time in all counties) that have been impacted with at least 100 Covid- six weeks, since the last week in February. 19 deaths. Each county has reported at least eight Covid- related deaths, with Switzerland County still holding steady Q While no county has now placed in the highest risk with the state-low at just eight such deaths. category in eight consecutive weeks, Wells County joined Q Blackford County during the final week in March after The five counties with the lowest current number of Blackford had been the first to slide back from yellow to deaths (and seven of the eight counties with fewer than 20 orange . . . but both are upgraded to yellow during the first deaths) border three different states. Switzerland County week in April, while Jackson County and Jasper County find remains the only county in the single-digits for Covid deaths. themselves downgraded from yellow to orange, keeping the Q orange “approaching high risk” silo at the same number as the Minimum entry into the top 10 now requires at least 300 prior week. deaths. The state death count hits 13,114 (adding the 404 presumptive Covid deaths). With more than 556,000 Covid- April M a r c h related deaths nationally, that means Indiana continues to 05 31 24 17 10 03 account for just under 2.4% of all such deaths in the country., Blue 45 53 66 65 61 51 but moving south instead of north as several other states see Yellow 45 37 25 27 30 41 major increases in their respective infection rates. Orange 2 2 1 0 1 0 Q Red 0 0 0 0 0 0 The latest long-term care facility case details, updated April 7, show 24,496 Covid-19 cases among residents, with F e b r u a r y J a n u a r y D e c e m b e r 6,180 total resident deaths — just south of one-half of all the 24 17 10 03 25 18 11 04 27 20 13 06 state’s deaths attributable to the novel coronavirus. Blue 39 11 1 0 0 0 0 0 0 0 0 0 ! Yellow 50 73 50 29 8 1 0 0 1 0 0 0 Here are Indiana’s weekly county risk scores (which Orange 3 8 40 59 79 57 19 35 46 68 66 56 combine positivity and cases on a per capita basis) posted each Red 0 0 1 4 5 34 73 57 45 24 26 36 Wednesday.

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N o v e m b e r O c t o b e r September Q Center scores are based on the combination of 15 metrics 29 22 15 08 01 26 19 12 05 29 regarding the bills that each lawmaker sponsors, how far they Blue 0 0 0 0 1 3 8 24 39 58 move through the lawmaking process, and how substantial Yellow 1 1 1 5 17 36 44 46 44 32 their policy proposals are. The scores are normalized to an Orange 74 74 70 78 71 50 36 21 8 2 average value of 1.0 in both the House and the Senate. Each Red 17 17 21 9 3 3 4 1 1 0 also receives a benchmark score, based on the average effectiveness of lawmakers that share that legislator’s level of seniority, majority- or minority-party status, and (where relevant) chair position on a committee or subcommittee. IN Brief Given the strong benefit from being in the majority party, IN Federal Circles . . . rankings are separated by party. ! U.S. Sen. (R) sends a three-page letter to U.S. CD Member LES Benchmarked Party Rank Health and Human Services Secretary Xavier Becerra seeking 08 Bucshon (R) 0.543 0.992 32/205 already to ensure that the secretary is following the current 03 Banks (R) 0.454 0.577 67/205 HHS Title X Rule in place which confirms the congressional 02 Walorski (R) 0.513 0.992 148/205 intent and requires that Title X funds not be distributed to any 09 Hollingsworth (R) 0.454 0.139 164/205 program or organization which provides or recommends 05 Brooks (R) 0.513 0.060 179/205 abortion. At his confirmation hearing earlier this year, 06 Pence (R) 0.424 0.060 181/205 nominee Becerra told Sen. Braun he would “uphold the law” 04 Baird (R) 0.424 0.040 189/205 regarding federal dollars being spent on abortion. At he end of March (the letter is alternately dated March 30 and 31) Sen. 01 Visclosky (D) 1.727 0.525 196/240 Braun tells Secretary Becerra that on March 29, the Braun 07 Carson (D) 1.370 0.159 232/240 Senate office was notified that HHS awarded more than $5 million to the Indiana Family Health Council Incorporated Young (R) 0.925 1.056 22/54 (IFHC), “an entity tasked with distribution of Title X grant Braun (R) 0.925 0.544 37/54 dollars to organizations in the Hoosier state. During your nomination process, you pledged that if confirmed, you would Underline: exceeds expectations uphold the law. It is imperative that you take steps to ensure Italics: meets expectations the longstanding intent of Congress is respected and no federal dollars under Title X are used to support abortion.” ! U.S. Rep. Trey Hollingsworth (R) tells constituents that Sen. Braun is requesting documents and communications “Over the last few years, our nation has discussed the role of related to Title X applicants, as well as a detailed explanation social media in our society and debated the government’s role of how HHS will ensure compliance with the existing Title X in regulating these platforms as they gain influence in a law and corresponding regulations so that no funding is used modern 21st-century world. Currently, major tech sites such as to support abortion services — including abortion counseling Twitter, Facebook, and Google internally manage their and abortion referrals. Sen. Braun concludes his letter to community standards and operational decisions. However, as Secretary Becerra: “I must stress that while an alternative rule the platforms take a more active role in censoring content and is being drafted, reviewed, and finalized, the Trump user activity, some believe the big tech sites need, and qualify Administration Title X Rule remains in place. During your for, more federal regulation.” He lays out arguments by both confirmation hearing, I asked whether you would respect the proponents of increased federal regulation and opponents of longstanding position of Congress and American taxpayers by federal regulation, and poses his “QUESTION OF THE excluding funding for abortion in the distribution of HHS WEEK: Do you think big tech social media sites should be dollars. While you did not answer my question, you were firm regulated by the federal government?” The substantive answers: in stating that you would uphold the law. As the Biden “Yes, I think social media sites should be regulated by the Administration rushes to get Title X funding out the door, I federal government,” and “No, I don’t think social media sites ask that HHS remain compliant with the law and should be regulated by the federal government.” corresponding regulations currently in place” . . . Sen. Braun derides the President’s Thursday executive orders tightening ! U.S. Rep. Jim Banks (R), chair of the Republican Study gun restrictions as “so extreme that even the Democrat Committee, and U.S. Rep. Tony Gonzales (R-TX), an RSC controlled Senate would never pass this bill that is a blatant member, led a congressional delegation of eight RSC members assault on our Second Amendment rights. We all want to keep on Thursday, April 8 to witness what RSC labeled “the guns out of the hands of criminals and the dangerously sprawling humanitarian crisis happening on our southern mentally ill, but that can’t come at the expense of infringing border due to Joe Biden’s cruel and ineffective border on the rights of law-abiding citizens like a federal assault policies.” “The scenes on the southern border are a national weapons ban — a one-size-fits-all approach from the federal embarrassment,” said Rep. Banks before embarking on the government rarely works on any issue, including the Second CoDel. “It is our duty to confront the Biden administration Amendment. Other states should consider real solutions like for creating this crisis and hold them accountable for all the Indiana’s red flag law, with proper due process protections.” many people they’re hurting through open borders policies. I ! look forward to returning from this trip with The Center for Effective Lawmaking, a joint venture of the recommendations for how we can fix Biden’s Border Crisis.” University of Virginia and Vanderbilt University, releases The trip was scheduled to include meetings with local law Legislative Effectiveness Scores (LES) for the recently enforcement, border patrol leadership, and a visit to the Eagle completed 116th Congress (2019-21). Pass DHS detention facility.

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! U.S. Rep. Jackie Walorski (R), the top Republican on the Q Pandemic-forced higher education funding cuts would be House Committee on Ways and Means Subcommittee on restored, but no education-related capital projects would be Worker and Family Support, joins with a majority member of included. Virtual students would be funded at 85% going the subcommittee, U.S. Rep. Jimmy Panetta (D-CA), to forward, and the Senate would be far more stingy with charter introduce the bipartisan “Preserving Family Farms Act.” The school funding and the education savings account program legislation would help family-owned farms continue operations and target the voucher dollars differently from House after a loved one has passed by easing the burden of the estate priorities. Dual enrollment dollars would be boosted over tax. The measure would modernize the special use valuation House levels and the Senate GOP would offer $150 million in provision of the estate tax by increasing the amount of learning loss grants. Mental health programs are also boosted. farmland that can be valued for farming operations rather than development value, thus protecting family-owned Q The Senate Republican budget version would spend almost farmland by assessing estate taxes on the actual value of their $2 billion on one-time efforts, with $1 billion in state dollars businesses that they, in many cases, have spent decades directed toward a $350 million capital reserve; the $50 million cultivating, as the duo points out. “Hoosier family farmers are Indiana State Fairgrounds Fall Creek Pavilion (swine barn); a the backbone of our economy, and they work hard to put $400 million pay-down of unfunded liability in the Pre-1996 fresh food on our tables,” Rep. Walorski says. “They shouldn’t Indiana State Teachers’ Retirement Fund pension plan have to make the difficult decision to sell or break up their (elsewhere a 13th check for state retirees is excised in favor of farm because of a crushing tax bill after the death of a loved a cost-of-living adjustment); and $110 million to pay down one. The Preserving Family Farms Act would update existing assorted debt. Of the $3 billion in federal American Rescue provisions in the tax code to ensure estate taxes are based on Plan dollars coming to Indiana, Senate Republicans last week the value of farmland as it is actually used, not its highest sought to allocate about $900 million with a big focus on potential value if it was sold for development. This common infrastructure, including broadband expansion ($250 million, sense, bipartisan bill would give the next generation of farmers even as some say a $3 billion investment is needed); $100 a better chance to carry on their family’s legacy and keep million in a five-year buy down for the state’s long-term family-owned agricultural businesses going strong.” commitment to the Water Infrastructure Revolving Loan Program; a small amount to begin planning for repurposing ! U.S. Rep. Victoria Spartz (R) joined U.S. Rep. Jim Banks Buffington Harbor as an intermodal logistics facility (we saw (R) and a delegation of six other Republican Study Committee no money for the fourth port that had been proposed for members on Thursday, April 8 on a congressional delegation Lawrenceburg); $150 million for regional recovery funding; $60 visit to the Mexican border in for meetings with local million directed to small businesses; $30 in million health law enforcement, border patrol leadership and a visit to the grants; $100 million for mental health; and $27 million Eagle Pass DHS detention facility. “Perverse incentives and a allocated to public safety (elsewhere there is money for state lack of leadership from the Biden Administration have created trooper stipends and body cameras). Expect a big additional humanitarian and national security crises at our southern chunk of the federal stimulus dollars to be earmarked (watch border that are spiraling into out-of-control chaos,” she said HB 1123) as the budget moves to completion. Short-term Thursday. “With Border Patrol overwhelmed, the Mexican investments to accelerate economic development and items drug cartels are now dictating the rules on the U.S. side of the that will afford the State some “critical” flexibility in the border,” Rep. Spartz continued. “President Biden must act future for appropriated dollars will be the balance that House now to get our border under control.” It’s a humanitarian Speaker Todd Huston (R) is looking to strike. crisis,” she had concluded after her visit to the El Paso border in the previous week, but now, after talking to border patrol Q If Senate Repubs get their way, there will be no cigarette agents and seeing what’s happening on the ground elsewhere, tax increase in the budget (as Senate Majority Caucus members she tells WBAT 1400-AM’s Good Morning Grant County show seem to continue their longstanding philosophy of holding off Thursday that “we actually have a national security crisis, too” on such a tax hike until it is truly needed to address targeted because the border guards can’t control the border and the health care concerns) . . . but the Senate version would retain cartels are effectively in charge — “They’ve taken control of that the House-passed proposal for a 10% retail sales tax on open- border.” She also suggests that anyone can enter the country system products commonly found at vape shops and the by claiming they need asylum. “We have to take them in, and 10¢/ml wholesale tax on closed-system/pod products (like we have no facilities to hold them.” She adds, those coming Juul). Even that tax, however, attracted the wrath of th Indiana across the borders — some of whom could be terrorists — are Chamber of Commerce, with President and CEO Kevin not staying in McAllen, Texas, but are moving around the Brinegar labeling it “woefully inadequate.” He said “A tax on country, including coming to Indiana “your schools and my vaping products of only 10 cents per milliliter for e-liquids is schools; these people come to our hospitals and our health entirely insufficient and arguably worse than no increase at care systems,” and “This is an American problem that’s going all.” Brinegar noted that just one week earlier, Senate President to affect all of us.” Pro Tem Rodric Bray (R) “indicated the e-liquids tax would bring that segment in line with the traditional cigarette tax,” IN State Circles . . . but “What the has offered is only a fraction — ! This will be a busy week. Both chambers schedule their a measly one-tenth — of the state’s already low tobacco tax. For respective Second Reading deadline for Monday and Third comparison, Kentucky taxes that amount of e-liquids or pods Reading for Tuesday . . . the release of the new revenue at $1.50 per cartridge. The Indiana Chamber strongly believes collection forecast upon which budget parameters will be based these products need to be taxed at either the retail or wholesale . . . with Wednesday, April 21 still the target date for level, not on the liquid content. We have proposed a 15% tax adjournment (quasi) sine die. on the retail price. That would be $2.40 for a four-pack of pods or $1.50 for a two-pack. If the tax isn’t increased to a level ! Senate Republicans propose a budget that funds education comparable to current tobacco taxes, we have no choice but to at a higher level than their House counterparts would. oppose and work to remove this provision from the budget.” WWW.INDIANAINSIGHT.COM April 12, 2021/10

Q Brinegar continues, “Such an insignificant tax will do Q He continues, “It is potentially harmful and unfair for nothing to detour our youth from vaping and becoming these companies to manipulate content in ways they do not severely addicted to nicotine. It’s unacceptable and allows the publicly discuss or that consumers do not fully understand.” Juuls of the world to win because they can say we are now As secretary of state, Rokita was the first Indiana state official taxed in Indiana. However, the reality is it’s at a completely to use social media (Twitter) to convey messages from his minuscule amount and far less than our neighboring states or office. He then found himself blocked on Twitter over a our own traditional tobacco products. We are deeply Trump-related Valentine’s Day meme this year — “You stole my disappointed that the Senate Republicans not only did not heart like you stole the 2020 election” — a “tongue-in-cheek” include an increase in the cigarette tax in the budget bill, but message over which he later decried Twitter’s censorship. are now letting the e-cigarette sellers off with an unacceptably low tax rate.” Q This is an independent investigation — he’s opted not to Q join in with any other AGs or entities — led by the Office’s There were some special Senate earmarks for Family and Consumer Protection Division. There is no pre-determined Social Services Administration and Department of Child timetable by which OAG will reach a definitive conclusion, Services programs that raised some eyebrows, particularly given nor will OAG say whether the Office will be releasing periodic that some were not favored by the agencies, while at least other reports of progress or a final report — and we’re not sure what pro-life program now supported under a state contract would outcome AG Rokita is seeking from the investigation (a change receive some funding through the budget. The discussion in in corporate policies, litigation, a report, etc.). OAG will not the Senate Committee on Appropriations also uncovered some tell us how much money it has set aside or budgeted for this concern among members from both sides of the aisle over how probe, what individuals from the Office will be involved, nor human services agencies have treated some of their current whether he will investigate sites such as Gab, MeWe, Rumble, dollars after Senate mandatory spending directions were and Parler for similar limitations of consumer access to certain changed to discretionary in the final FY 20-21 budget. content. Q Under the Senate GOP plan, the biennium would end Q General Rokita is also investigating alleged actions taken with $2 billion in reserves, a 12.4% cushion in Fiscal Year 2022 by a private attorney, Vanita Gupta, to encourage the and 11.1% in Fiscal Year 2023. companies to censor conservative viewpoints. Gupta, the ! President’s nominee to be associate U.S. attorney general, has The Senate Majority Caucus budget would reset the date for allegedly met with Facebook and Twitter executives to urge adjournment sine die for the current session as “Not later than “more rigorous rules and enforcement,” as she was quoted in November 15,” which would accommodate the need for delay Time. Gupta, according to the Time article, stressed that it was in redistricting without the need for tossing the responsibility important for social media platforms to be “tagging things and for that work to a commission and for lawmakers to hold taking them down.” listening sessions around the state and formal committee hearings to prepare for a final redistricting bill . . . and might Q We’ve learned that the Indiana AG’s Office is serving a also offer more flexibility in returning at other times for civil investigative demand to Gupta over alleged actions the dealing with any pandemic emergencies. Asked what this Office believes she’s taken to encourage Big Tech to censor might mean for the ostensibly required legislative “in session” conservative viewpoints. Curious about the authority to do so? per diems, House Speaker Todd Huston (R) said, “We’re Under Indiana’s civil investigative demand statute (I.C. 4-6-3-3), correcting that, and there will be no additional cost to the if the AG has reasonable cause to believe that an individual has taxpayers.” The April adjournment will likely be “until the fall documents or information related to an investigation, the AG of the gavel.” can require the person produce those documents, answer ! As the ACLU of Indiana sues a Republican state legislator questions, or appear for a deposition. for allegedly blocking access by dissenters to his arguably Q “official” Facebook page, Attorney General (R) Recall that Rep. Bob Morris (R) had made an abortive announced Wednesday that he is investigating whether five attempt this session in the House Committee on Commerce, Big Tech companies have potentially harmed Indiana Small Business and Economic Development, which he chairs, consumers by censoring political content — which his office to impose fines and other sanctions on assorted social media “refers to as business practices that are abusive, deceptive, platforms for imposing limits on, suspending, or censoring or and/or unfair.” Word of the investigation was leaked to Fox deleting accounts — going so far as to attempt a strip-and-insert News nationally before his office revealed its existence to the to accomplish his goals. Indiana media. ! Within hours of digesting the news that HB 1369, the Q In particular, General Rokita is probing methods by constitutional carry bill for firearms, would not be the subject which he alleges the companies — Amazon, Apple, Facebook, of a Senate Committee on the Judiciary hearing, Hoosier Gun Google, and Twitter — have limited Indiana consumers’ access Rights blasted an email to supporters telling them that “several to certain content by “deleting or obscuring posted material Republican members of the Senate recognized the glaring reflecting a politically conservative point of view, issues with Smaltz’s bill only because of your persistent calls manipulation which he says prevents consumers from making and emails alerting them to the issues with House Bill 1369. informed choices. The investigation will assess whether these This means the pressure is working and we can’t take our foot companies have violated Indiana's Deceptive Consumer Sales off the gas now! Together, we can show the Senate and the Act. “In a free society, few assets are more important to House it is time to advance a clean Constitutional Carry bill consumers than access to information and the opportunity to without any anti-gun amendments next session. In fact, we are express political viewpoints in meaningful forums,” General already working with legislators to get clean Constitutional Rokita says. Carry bills filed in both the House and the Senate for 2022.” WWW.INDIANAINSIGHT.COM April 12, 2021/11

Q Expect issues related to the loss of license revenue and, ! Orange County joins the roster of local governments more importantly, how to handle the question of who should nationally suing the blue chip global consulting firm be added to a list of those who should not be allowed to McKinsey & Company for redress in the opioid wars following possess a firearm (and who should have access to such a list if the firm’s $573 million settlement with 47 states, the District such a list should even exist) to be the subject of quiet of Columbia, and five territories over advice McKinsey to discussions over the next nine months between lawmakers, law OxyContin manufacturer Purdue Pharma, and other enforcement, Second Amendment advocates, and privacy pharmaceutical companies on marketing and Sales. rights groups. Q Orange Co. v. McKinsey & Co., Inc., et al., No. 4:21-cv- Q The legislative substitute pivot: a likely elimination of the 00043 was filed last week in U.S. District Court for the $75 state fee for a lifetime permit (the five-year permit fee was Southern District of Indiana. eliminated under 2019 legislation). ! An Indianapolis man who runs a major local minority ! As lawmakers debate the future of telemedicine in Indiana, business contracting firm with many millions of dollars in an annual report issued last week by the National Commission state contracts and subcontracts — and a player in state and local politics — entered into a pretrial diversion agreement in on Certification of Physician Assistants finds that the certified Orange County Superior Court last month after being charged physician assistant workforce increased in every state, and grew with Misdemeanor B Possession of Marijuana (marijuana by 6.52% between 2018 and 2019. According to the 2019 edibles, in the form of gummies) at the French Lick Casino • Statistical Profile of Certified Physician Assistants by State, the Resort, charges which he denied when confronted at the casino five states with the largest percentage increase were: Rhode by law enforcement agents, who tracked him down via the Island (10.66%), Mississippi (10.0%), New Jersey (9.76%), American Express card he had used at a casino restaurant, and Indiana (9.72%), and Missouri (8.83%). who had it all on video — and he promptly asked for his attorney. ! Expect the State Chemist of Indiana to adopt a rule regulating the distribution and storage of manure based Q An in-person warrant could not be served because he lived fertilizer . . . and also establishing fees for the distribution of in a gated community (or the Marion County Sheriff’s manure-based fertilizer. Department had his old address) . . . but a few months after ! (mega-prominent defense attorney to the stars) Jim Voyles In Ohio Casualty Ins. Co. v. State, No. 19A-PL-2794, an took over the defense, he dropped the fight against the charges Indiana Court of Appeals panel rules that the Office of the and a diversion agreement with the Orange County Attorney General during the Hill Administration waited too Prosecutor’s Office was filed in March. long to recover on a pair of employee crime insurance policies under which the Ohio Casualty Insurance Company ! Just a few hours after an Indiana Department of indemnified the City of Lawrenceburg — and blasted “illogical” Administration Evaluation team recommended that Axon arguments made in a brief filed by the Hill OAG, noting, Enterprise, Inc. be selected to begin contract negotiations for “Even more perplexing is the State’s attempt to assert that the the implementing of a “Body Worn Camera Solution for the OAG is not synonymous with the State for the purposes of the Indiana State Police” under a five-year contract with an lawsuit brought by the OAG against Ohio Casualty.” The estimated value of $13,457,580, the Senate Majority Caucus underlying theft cost the City almost $275,000, according to a budget includes in its budget proposal $20 million per year to State Board of Accounts audit. ISP for body cameras and $5 million per year for matching grants so local units can purchase body cameras. ! Former House speaker John Gregg (D) pens an op-ed ! urging the protection of a governor’s emergency powers. He When lawmakers leave town, look for regulators to move in writes, “Only a governor can lead the state, not a part-time and fill the void . . . but by repealing and modifying legislature. In times of crisis, we need clear, well-defined regulations that have proven inessential by the pandemic, and leadership that can rise to the occasion, act quickly and keep adding or refining provisions that have been in effect in the people safe. Can you imagine the chaos and the danger to the form of emergency rules. public that would occur if Hoosiers had to wait for 150 ! On the same day that the Senate passed another measure part-time lawmakers, or even a subset of them, to assemble, adding new restrictions on abortion, a (state) court in Ohio develop a plan and then debate it before state government enjoined the Buckeye State from enforcing a new ban on responded to an urgent crisis?” He notes that the Indiana “telemedicine abortion,” a provision similar to one in the Constitution “created a ‘weak’ chief executive by design,” but Indiana legislation . . . and you can expect that provision, a observes that “Indiana’s chief executive still has the power and notarization requirement, and perhaps more to be challenged responsibility to manage the day-to-day operations of state by Planned Parenthood of Indiana/Kentucky if the measure agencies and to engage with the federal government. We need becomes law. future governors to be able to exercise the authority they have been given, not have their hands tied. We do not need a ! The annual StateScoop 50 Awards, which honors “the best full-time legislative body to micro-manage all aspects of state and the brightest who make state government more efficient government .... The state constitution did not make it their job and effective” nationally, includes a number of Indiana and we do not want it to be their job. As a former political nominees in several categories . . . but it’s interesting to note opponent, I might be the last person one would expect to rise that one of the national nominees for “State IT Innovation of to the defense of Governor Holcomb. However, here I am. The the Year - The cutting-edge state IT approach to cross-agency or governor has managed the unprecedented challenges he has intra-agency technology that embraces innovation” is the faced in office well. He did not overstep his powers ....” “Indiana Secretary of State’s Online Absentee Ballot Request.” WWW.INDIANAINSIGHT.COM April 12, 2021/12

Initial Unemployment Insurance Claims

IN the Economy 2020 No. % Change vs. 2021 No. % Change vs. ! Our Hannah News Service sister newsletter, INDIANA Week of UI Prior Year, Week of UI Prior Year, GAMING INSIGHT, has been following a disturbing trend: the Ending Claims Same Week Ending Claims Same Week precipitous decline of jobs from direct gaming employment. 01/04 4,434 ( 3.1%) 01/02 14,796 233.7% Despite hiring ramping up for the new inland casino in Gary, 01/11 4,890 1.1% 01/09 17,724 262.5% Hard Rock Casino Northern Indiana — which will see the 01/18 3,741 ( 2.6%) 01/16 14,255 281.0% transfer of all employees from the current Majestic Star Casino 01/ 25 2,956 ( 14.7%) 01/23 13,354 351.8% vessels at Buffington Harbor, February direct gaming employment sinks to its lowest pre-pandemic level since 1996, 02/01 3,016 ( 9.1%) 01/30 12,539 315.7% a month in which only one casino was open and the satellite 02/08 2,725 ( 21.3%) 02/06 13,508 395.7% wagering facilities were not quite as attractive without sports 02/15 2,556 4.7% 02/13 12,287 380.7% wagering. 02/22 2,979 25.9% 02/20 9,735 226.8% 02/29 2,276 ( 6.1%) 02/27 10,081 342.9% Q The preliminary February direct gaming employment numbers of just 7,700 plummet by almost one-third, down by 03/07 2,223 ( 21.9%) 03/06 9,237 315.5% a stunning 3,700 jobs (- 32.46%) from the final numbers one 03/14 2,596 24.3% 03/13 13,965 437.9% year earlier which had numbered 11,400 jobs. Direct gaming 03/21 59,755 2,788.1% 03/20 13,045 ( 78.2%) jobs have now plateaued under the 12,000 threshold for more 03/28 139,174 6,745.7% 03/27 9,260 ( 93.3%) than two full years, not having exceeded that target since 04/04 127,010 4,080.7% 04/03 7,399 ( 94.2%) October 2018, and has not been up in the five-digit job 04/11 113,755 4,699.8% territory since the end of the first quarter of 2020. Before the pandemic casino shutdown, the last time direct gaming 04/18 72,756 2,575.8% employment had been in the four-figures (8,400) was back in 04/25 55,774 2,435.2% June 1997, during just the second full year of casino gaming in 05/02 42,290 1,927.3% the state. And you can’t blame simply the pandemic: the direct 05/09 29,668 1,347.9% gaming employment level has lingered below 13,000 jobs for 05/16 29,436 1,365.2% more than eight full years — since October 2012 — a streak that has now reached 100 consecutive months. The figure of 13,000 05/23 25,523 1,239.8% direct gaming jobs had been surpassed in each month of the 05/30 22,914 990.6% first dozen years of the 21st century, sustaining the strong 06/06 22,931 712.9% levels even through the impact of the 9/11 attacks and the 06/13 24,017 1,032.9% 2008-09 global fiscal crisis. 06/20 31,885 1,396.5% Q Dating back 10 years, the number of February jobs is off 06/27 44,827 1,914.7% by a disturbing 6,200 (- 44.60%) from 13,900 in February 2011. 07/04 22,102 957.5% Indiana is also down by 8,400 jobs (- 52.17%) — more than one- 07/11 28,360 704.1% half — from the peak of February direct gaming employment 07/18 17,911 684.5% a robust 16,100 in 2001, despite another three commercial 07/25 20,129 881.4% casinos, a Native American casino, one more pari-mutuel horse 08/01 12,551 489.5% racing track, sports wagering, an end to must-cruise requirements, and land-based gaming transforming the 08/08 10,624 321.9% Hoosier gaming landscape in a positive manner since then. 08/15 11,569 466.3% ! 08/22 10,597 432.8% The RV Industry Association’s February 2021 survey of 08/29 10,783 444.9% manufacturers finds the best February RV shipment total on 09/05 11,255 466.7% comparable record, with total RV shipments ending the month with 48,286 units, an increase of 30.1% compared to the 37,113 09/12 13,245 561.9% units shipped during February 2020 (which was an increase of 09/19 11,702 318.4% 1.9% from the 36,421 units shipped in February 2019), and the 09/26 10,209 340.2% highest February tally since the 43,038 units shipped in 10/03 10,076 277.1% February 2018. 10/10 17,916 551.7% Q Towable RVs, led by conventional travel trailers, finished 10/17 15,421 628.8% the month up by almost one-third (31.1%) against the prior 10/24 13,407 527.1% February with 43,482 wholesale shipments. Motorhomes ended 10/31 13,413 463.3% the month up by 21.8% compared to February 2020 with 4,804 11/07 14,111 360.5% units, while Park Model RVs ended the month with a 16.6% 11/14 15,422 465.9% boost over February 2020 with 373 wholesale shipments. 11/21 18,829 570.0% Shipment numbers or January and February are also running 11/28 20,575 789.9% Q 34.4% ahead of the same two months last year, the final 12/05 23,622 485.7% two full months before the pandemic-caused manufacturing 12/12 15,702 360.3% shutdowns. Industry official are finding the numbers not only 12/19 12,234 212.8% encompass new consumers, but also current owners looking to 12/26 12,013 251.5% upgrade their existing RVs. WWW.INDIANAINSIGHT.COM April 12, 2021/13

! Department of Workforce Development numbers covering ! LaShelle Turner becomes the new warden for the Indiana initial claims for unemployment insurance for the week Women’s Prison in Indianapolis, where she started her career ending April 3 totaled 7,339, down by 1,921 from the adjusted with the Indiana Department of Correction in 1991. She has claims level of 9,260 from the prior week — even as such claims been serving as a deputy warden of the Plainfield Correctional rose nationally for a second straight week (the four-week Facility. national moving average, which smooths out volatility in the numbers, also rose slightly). That March 20 figure now stands ! Rebecca Loeffler leaves her post as section chief of at 9,260 after being ratcheted down up from 9,145 from the government litigation for the Office of the Attorney General. preliminary figures. We continue to see volatility — albeit to join Frost Brown Todd’s labor and employment practice decreasing — between the initial numbers and the revised group. Diana Moers succeeds Loeffler in the role. numbers issued just one week later. Still, this 1,921 Indiana decline over the prior week marks three successive weeks in ! Former House Republican Caucus chief of staff Brad Tracy which initial claims have decreased, something we have not becomes chief of staff to Elkhart Mayor Rod Roberson (D) seen since January. April 19. Tracy held the same post in 2019 for then-mayor Tim Q The new federal number-crunching also determines that Neese (R), who served one term after Indiana House service. while Kentucky led the nation in increases in initial claims for ! the week ending March 27 (16,100), among the five largest Ports of Indiana hires Ryan McCoy as the new Ports of decreases for that week were found in Indiana and two of our Indiana-Burns Harbor port director and Tom Fifer as the other neighbor-states: Ohio (- 14,879), Massachusetts (- 12,001), director of planning and project delivery, a new position. Indiana (- 3,785), (- 1,633), and Michigan (- 1,622). Q McCoy, a lifelong Northwest Indiana resident, will lead Q As we told you last month to expect (the week ended port operations and business development for the port, March 20 was the first week we can compare against a 2020 starting April 26. His industry experience includes some 20 pandemic-interrupted economy), over-the-year claims should years as a mid- to senior-level manager in the agriculture, steel, begin to decline. Initial claims for the week ending April 3 maritime transportation and logistics sectors. He most recently were at their lowest level since before the pandemic shutdowns served as a multi-facility manager at Cargill, Inc., a global grain began in mid-March 2020. Indeed, after the state had not even elevator company — and a tenant at the Ports of Indiana-Burns seen claims slip below the 9,000 threshold in more than one Harbor. year, the week ending April 3 brought with it fewer than 7,500 initial claims according to the preliminary figures. Q Fifer brings 30 years of experience in construction management and engineering with global healthcare and large ! Indianapolis is the fourth-strongest 2020 labor market in a industrial companies. Most recently, he served as global Wall Street Journal ranking of big metros. “It attracted and director of engineering and maintenance for Envigo, a life retained jobs seekers with a mix of industries that are sciences research and development company. Fifer was buttressed against the pandemic” even as “Not all Midwest responsible for facility operations and preventative cities are showing similar resilience.” maintenance for clean room facilities in the U.S., U.K., ! Europe, and Asia. He will lead the project planning and Raytheon Technologies of Indianapolis is awarded a delivery process at all three port sites. sole-source $24,000,000 Defense Logistics Agency Land and Maritime indefinite-delivery/indefinite-quantity contract for various consumable electronic components for the Air Force, Army, Coast Guard, Navy, and foreign military services. Work IN the Lobby will be performed in Indiana, with an April 1, 2024, end date. ! ! Bose Public Affairs Group registers to lobby Congress on General RV Center, a Michigan-based RV dealer, will be behalf of Denver-based Aimco Michigan Meadows Holdings opening a new RV inspection facility in Bristol later this LLC, a real estate investment firm, on “real estate and month, creating more than 100 new local jobs . . . Duke infrastructure,” with Victor Smith and Doug Brown listed on Energy Renewables Solar LLC plans to invest $180 million to the account . . . BPAG also files on behalf of Harrisburg, build a solar farm on 1,500 acres in southern Vigo County ’s National Resource Center on Domestic (896 acres) and northern Sullivan County (604 acres), and seeks Violence, a “ resource center for victims of domestic violence, 10-year real and business personal property abatements from providers, and advocates,” to lobby on “domestic violence the Vigo County Council. prevention and supports for victims and providers” . . . and for Farmland “outdoor fair vendor and entertainer” North American Midway Entertainment, LLC, to lobby on “relief IN Transition funding for outdoor entertainment/large-gathering providers.” ! ! Former Fort Wayne mayor Graham Richard (R), the Hobart Hallaway & Quayle Ventures, LLC files a federal founding CEO of Advanced Energy Economy, joins the lobby registration to lobby Congress on behalf of St. Louis- advisory board of Trust Exchange, a collaborative compliance based Foresight Energy Resources, LLC, a “producer of thermal platform, to launch new collaborative services focused on coal,” on “Natural resource related issues and Abandoned government, technology, and clean energy, enabling Mine Reclamation,” the same kind of work it did on behalf of governments to collaborate with businesses, citizens, and other Steve Chancellor’s Evansville-based coal interests before the third parties to accelerate digital transformation. The Trust entities filed for bankruptcy protection. Exchange platform allows companies to build secure, customizable networks to connect, collect, and directly Q Hobart Hallaway & Quayle also terminates its federal exchange mission critical business information in real time. representation of Eastman Chemical Company. WWW.INDIANAINSIGHT.COM April 12, 2021/14

! Hall, Render, Killian, Heath & Lyman, P.C. files a federal Q Chief Justice Rush notes “The unique format allows judges lobby registration on behalf of Missouri-based Mercy health from around the state a platform to directly tell their story. System, a “Hospital and Health System,” to lobby Congress on You will hear from our frontline about the courts’ adaptability “Community Project Requests; health care reform; Stark Law over the past year,” and she serves up praise for their quick and reform; ACA implementation and expansion; CARES Act and efficient flexibility in adapting to the new virtual environment, coronavirus funding legislation; American Rescue Plan particularly in offering online hearings. implementation.” ! Ice Miller LLP and Ice Miller Strategies LLC form an alliance with John Pence, CEO of Pence Strategy Group, to collaborate on a broad range of issues relating to public and political affairs, strategic communications and business development. Pence, an attorney and son of U.S. Rep. Greg Pence (R) and nephew of a former vice president and Indiana governor, will assist Ice Miller’s Public Affairs Group with issue monitoring and engagement at the federal level for Ice Miller clients and work with the team to support client policy and legal goals and needs. From 2016 through 2020, Pence was the youngest senior advisor for the Trump-Pence presidential campaign, where he worked closely with the Republican National Committee to organize the largest grassroots operation in American history. ! Ice Miller LLP adds attorney George Hornedo to its Public Affairs Group. Prior to joining Ice Miller, Hornedo served as a consultant for the Obama Foundation, where he focused on engaging mayors across the country to take the Reimagining Policing Pledge. During the 2020 election cycle, George served as national deputy political director and national delegate director on the presidential campaign of current U.S. Secretary of Transportation Pete Buttigieg. In these roles, he managed outreach to superdelegates, state legislators, local government officials and county chairs, in addition to leading ballot access efforts for the candidate in all 57 states and jurisdictions. He later joined the Biden-Harris coordinated campaign as a regional voter protection director for Texas. He has also worked for the U.S. Department of Justice. Q Expect this to be just the initial salvo of an Ice Miller Public Affairs Group revamp that will see a beefed up presence not only in Indianapolis and Washington., D.C., but also some other Midwest Ice outposts.

IN Court ! Indiana Chief Justice releases the 2021 State of the Judiciary address on video this year due to pandemic INDIANA LEGISLATIVE INSIGHT © 2021 by Hannah News protocols, providing her formal update on the work of the Service-Midwest, LLC. ISSN 1076-8661. All rights reserved. judicial branch (the “condition of the courts”) that is typically Photocopying, FAXing, e-mailing, or reproducing in any form, in delivered in person in the House chamber to a joint session of whole or in part, is a violation of federal law, and is strictly the General Assembly. prohibited without publisher’s written consent. Q The Chief Justice’s unique 2021 address focuses on Published weekly (44 issues/ year). Base subscription rate for Indiana courts “revolutionizing operations and crafting new January-December 2021: $395. Additional copy rates and past ways to resolve disputes with safety, efficiency, and issues available. accessibility.” For info, please call 317/817-9997; FAX 317/817-9998 Q E-mail: < [email protected] > In addition to the remarks from the Chief Justice, judicial Internet: http://www.hannah-in.com branch stakeholders also appear on video to discuss court technology, problem-solving courts, juvenile justice, pretrial www.indianainsight.com reform, equity, judicial branch independence, and strategically moving the judiciary forward. WWW.INDIANAINSIGHT.COM