V 15, N20 Thursday, Jan. 28, 2010 Pence gives Bayh brief reprieve By BRIAN A. HOWEY U.S. Sen. Evan Bayh won’t get INDIAIANPOLIS - For six scintil- a marquee matchup with Rep. lating days, Republicans envi- Mike Pence, but his Republican sioned the first dream Senate matchup opponents could include SOS in a generation - Mike Pence challenging Rokita and Tea Party activist Evan Bayh - that was finally dashed late Richard Behney (below) who has Tuesday morning. Allen County Republi - threatened an armed struggle. can Chairman Steve Shine said a Pence- (HPI Photos by A. Walker Shaw) Bayh race would have been the “Super Bowl” of Indiana politics. Now, the GOP is faced with three relative unknowns, possibly Secretary of State and one - Carmel plumber Richard Behney - ac - tually talking about an armed insurrec - tion aimed at the federal government. Neither State Sen. Marlin Stutzman nor Winchester financier Don Bates Jr. is well known. Former Congressman John Hostettler is considered far to the right of the mainstream. Rokita told HPI this morning, “It’s got to be a quick decision because of the signature process. Part of the decision centers on the logistics of the signature process.” The unsettled nature of the GOP after Pence’s Asked if a Rokita candidacy is likely, he responded, announcement is good news for Sen. Bayh, who acknowl - “Not necessarily. I’ve got a growing family. But if we do go, edged on MSNBC’s Morning Joe on Tuesday that the it won’t be against the guys already running. We’ll be run - political climate is volatile. “This is a tough time for any ning against the irresponsible leadership in Washington.” Continued on Page 4

Campaign finance ruling unlikely to affect 2010 races

By MARK SCHOEFF JR. WASHINGTON - Last week the Supreme Court handed down a ruling that will likely will have a profound effect on campaign financing - but companies won’t neces - sarily take advantage of the decision and jump into races ‘Will our candidates have to go this year, according to Hoosier political out on the campaign trail wearing leaders and experts. On Jan. 19, the court held the kevlar vests?” corporations could spend an unlimited amount of their own money to finance - Indiana Democratic independent expenditures in support or Chairman Dan Parker opposition to candidates for office. The HOWEY Politics Indiana Page 2 Weekly Briefing on Indiana Politics Thursday, Jan. 28, 2010

decision, based on a case brought by Dan Burton in the 5th CD primary said a group that sponsored a documentary that Lilly now has more latitude to go critical of Hillary Rodham Clinton, also after Burton. Burton has been a politi - would loosen spending constraints on cal nemesis for the company because unions. of his effort to ban a vaccine chemi - The court’s action overturned cal used by Lilly that Burton links to a 2002 campaign finance law and autism. other statutes that had set parameters “This gives (Lilly) an oppor- for company involvement in elections tunity to play in a big way for some - Howey Politics - limiting their direct impact to the one else,” said the aide, who did not Indiana activities of political action commit - want to be identified. “There is a big, tees and political donations made by powerful, well-respected firm in town is a nonpartisan newsletter individual employees. that does not want to see Dan Burton based in Indianapolis and The court said that such reelected to Congress. Even chipping published by NewsLink Inc. It restrictions circumscribed free speech away a few percentage points would was founded in 1994 in Fort rights. Critics of the decision said that give challengers room to grow.” But there are risks to such Wayne. it will lead to a flood of corporate spending that undermines campaigns. a strategy, Dunn said. Burton could But companies are not likely portray himself as fighting on behalf of Brian A. Howey, publisher to turn the valves of their political constituents against a big pharmaceu - Mark Schoeff Jr., Washington spigots wide open in this cycle, ac- tical company, an appeal that might Jack E. Howey, Editor cording to Hoosier observers. find support among those facing high medical costs. Beverly Phillips, Associate “It would probably be the 2012 election before companies figure The Hoosier race that is most Editor out how to make this work,” said likely to see the effects of the Su- Subscriptions: Craig Dunn, chairman of the Howard preme Court campaign finance rul - $350 annually HPI Weekly County Republican Party. “I would not ing is the 9th CD, according to Chris $550 annually HPI Weekly & expect this huge flow of money from Sautter, a Democratic consultant and HPI columnist. Sautter doesn’t foresee HPI Daily Wire corporations into the political process. Maybe down the road but not this time companies getting directly involved. Call 317-627-6746 around.” But groups like the U.S. Chamber of Dan Parker, chairman of the Commerce, the National Rifle Associa - Contact Us Indiana Democratic Party, opposes the tion and the Club for Growth that rep - Howey Politics ruling but doesn’t ex - resent them could be active in what will likely be Indiana’s most competi - 6255 North Evanston Avenue pect to see Hoosier companies imme - diately wading into the political fray. tive contest. Indianapolis, IN 46220 “This year may be wait and In 2004, opponents were www.howeypolitics.com see,” Parker said. “I’ve heard that cor - able to put incumbent Democratic [email protected] porations may be a little skittish about Rep. Baron Hill on the defensive early Howey’s Mobile: 317-506-0883 this.” in the cycle with television ads funded by the Republican Party, Sautter said. Indianapolis Fax: 317-254-0535 So far, that is the approach being taken by three Hoosier compa - “Now with the availability of Washington: 202-256-5822 nies with huge stakes in the outcome additional independent money, Repub - Business Office: 317-627-6746 of health care reform. Spokesmen for licans and their allies will be able to Eli Lilly, Anthem and Zimmer Inc. all start even earlier,” said Sautter, who ©2010, Howey Politics told HPI that their firms were review - is an adjunct professor at American University. “We should expect below Indiana. All rights reserved. ing the Supreme Court decision and are uncertain what impact it will have the radar communication projects and Photocopying, Internet forward- on their political activity. early negative paid media attacks. It’s ing, faxing or reproducing in Some candidates, though, possible that some groups could also any form, in whole or part, is a hope that corporate participation will take on Evan Bayh early to determine violation of federal law without give them a boost. An aide for one whether he is vulnerable to second- tier candidate challenges.” permission from the publisher. of the Republican challengers to Rep. HOWEY Politics Indiana Page 3 Weekly Briefing on Indiana Politics Thursday, Jan. 28, 2010

It’s all part of what Sautter calls a “whole new investors over their political activity, Dunn said. world in campaign finance” where “corporations that want “Share owners will not be unanimous in their to influence this year’s elections will have little to lose.” view of…which candidate would best represent the financial Except, maybe, consumers and clients who are interests of the that corporation,” Dunn said. offended by their political stances. That may become the Dunn does not oppose the Supreme Court decision, primary reason why companies hold their fire, Parker said. but does want to see it coupled with rigorous disclosure of “You’re getting heavily involved in partisan corporate - and union - political moves. politics,” Parker said. “Does that affect your bottom line? “I’m a 100 percent advocate for transparency,” Do you drive away potential customers?” Dunn said. “When I vote for a candidate, I want to know Big corporations also could take heat from their who’s in his pocket.” v

decision 50 years ago or 100 years ago or 200 years ago, A lecture from the President we wouldn’t be here tonight. The only reason we are here By BRIAN A. HOWEY is because generations of Americans were unafraid to do INDIANAPOLIS - Barack Obama is no James Bu - what was hard, to do what was needed even when success chanan. was uncertain, to do what it took to keep the dream of this President Obama presented his first State of the nation alive for their children and their grandchildren.” Union address Wednesday night saying the nation had The president seemed to scold both parties. “To weathered the “worst of the storm” and vowed not to Democrats, I would remind you that we still have the “quit.” The combat troops will be out of Iraq largest majority in decades and the people by August and he’s cut taxes. While he put expect us to solve problems, not run for the off the subject of health care for 25 minutes, hills.” he directly confronted the divisive politics As for Republicans, Obama said, “And that have polarized the nation. if the Republican leadership is going to insist “I’m speaking of both parties now,” that 60 votes in the Senate are required to Obama said. “Washington may think that do any business at all in this town, a super- saying anything about the other side, no majority, then the responsibility to govern is matter how false, no matter how malicious, now yours, as well. Just saying no to every - is just part of the game. But it’s precisely thing may be good short-term politics, but it’s such politics that has stopped either party not leadership. We were sent here to serve from helping the American people. Worse yet our citizens, not our ambitions.” -- worse yet, it’s sowing further division among our citizens, Republican reaction was, of course, nega- further distrust in our government.” tive and all zoomed in on the debt. “The president simply Earlier, Obama noted that Americans not only adjusted his rhetoric in an uncandid attempt to sell his distrust government, but the news media, big corporations failed agenda of more spending, more taxes and more and Wall Street. debt. Not only does this defy the will of the vast majority of “I campaigned on the promise of change, change Americans, but it demeans us all,” said U.S. Rep. Dan Bur - we can believe in, the slogan went,” Obama said. “And right ton, himself a target of the anti-incumbency fervor sweep - now, I know there are many Americans who aren’t sure ing the country. if they still believe we can change, or that I can deliver it. “I hope that tonight’s address is the beginning of But remember this: I never suggested that change would a new direction for Washington,” said Sen. Dick Lugar. “It be easy or that I could do it alone. Democracy in a nation is obvious to every American outside the Beltway that our of 300 million people can be noisy and messy and com - fiscal future is in crisis. Yet under this administration, and plicated. And when you try to do big things and make big this Congress, we see record spending, record deficits and changes, it stirs passions and controversy. That’s just how record debt. For the sake of our children’s future, tonight it is.” must be the night we start to get our fiscal house in order.” Obama explained, “Those of us in public of- And U.S. Rep. Mike Pence explained, “We must fice can respond to this reality by playing it safe and avoid immediately begin to make the tough and common-sense telling hard truths and pointing fingers. We can do what’s decisions that will rein in runaway federal spending and necessary to keep our poll numbers high and get through that will help put people back to work. While we may the next election instead of doing what’s best for the next disagree on many areas of public policy, House Republicans generation. But I also know this: If people had made that are ready to work with the president on the challenges fac- ing our country.” v HOWEY Politics Indiana Page 4 Weekly Briefing on Indiana Politics Thursday, Jan. 28, 2010

incumbent,” Bayh said. “People than that of a backbench sena- are mad at Democrats, they’re tor. The fact that Minority Leader mad at Republicans. They are John Boehner and Eric Cantor just angry at the situation.” - the two ranking Republicans The potential brush with above him - are relatively young Pence has placed Bayh in his men did not appear to be an ag - caution mode. On the health gravating circumstance. reforms, Bayh told the New York But despite what looks Times that using budget recon - to be a gathering Republican ciliation tactics “would destroy year, Pence also had to take into the opportunity, if there is one, account the legendary political for any bipartisan cooperation acumen of Sen. Bayh, who led the rest of this year on anything the party out of the wilderness else.” With Bayh and U.S. Sen. in 1986 and 1988, reclaimed his Blanche Lincoln of Arkansas both father’s Senate seat in 1998, then facing potentially tough reelection fashioned a career in the upper battles, the health reforms are in chamber as a fiscal hawk while precarious condition. keeping an eye on the White Pence would have House. The various bailouts and brought a national profile to the record spending cast Pence and Senate race in a state that heard Bayh in parallel roles inside their his voice over the radio waves parties. Each warned that the from 1993 to 2000. spending spree was unsustain- For his part, Pence saw able. winning the U.S. House as his Just hours before Pence’s historical calling. “I am not going to leave my post when announcement, Bayh praised President Obama on Morning the fate of the House hangs in the balance,” Pence said Joe for his proposed three-year spending freeze. rhetorically, though on Sept. 11, 2001, he ignored calls to “It was a good move,” Bayh said. “It was a sound evacuate the U.S. Capitol as Flight 93 was barreling toward move and a lot of people around the country will say it’s it above the Pennsylvania countryside. about time. We can no longer spend the money we no lon - “My place is here,” he said. “in that fight, with the ger have. The President is about to correct that. Congress brave men and women who will be winning that victory for needs adult supervision; the President is providing that. I the American people. I believe that if we run that race with say Hallelujah.” conviction and endurance, we can win back the Congress Host Joe Scarborough repeatedly praised Bayh for for the common sense and the common values of the being one of the few Democrats over the past several years American people, turn this tide of big government back and to address federal spending. Scarborough and co-host set the stage for a boundless American future.” Mika Brezinski noted that Bayh often made such calls and For Pence, the political rewards and drawbacks referenced the large volume of archived material they have were literally double-edged swords. Thirty years ago an to prove it. obscure congressman named Dan Quayle filled a void that Indiana Democratic Chairman Dan Parker, who is Gov. Doc Bowen left, defeated Sen. Birch Bayh, and that managing Bayh’s re-election bid, explained, “Evan Bayh has eventually took him to the American vice presidency eight been a leader on fiscal issues in the Senate for many, many years later. For Barack Obama, shelf life in the Senate years.” He said the campaign will begin an extensive TV ad before the presidency was just two years. A Pence defeat buy next month, saying that scripts and shooting times are of Sen. Evan Bayh would have made him the giant killer of being scheduled. Bayh also has a $13 million war chest that this generation and he could have used the momentum to will be implemented in thorough fashion. wage a campaign for the White House in 2012. “The position of Evan Bayh is similar to where was in 2008,” Parker said. He questioned the Home is where the heart is Rasmussen Reports poll that showed Sen. Stutzman had 57 The Pence decision may have revealed that his percent name ID. “Even if you take those numbers at face heart is truly in the House, where he is potentially two value, it’s still before Evan Bayh has run a campaign,” he Republican heartbeats away from becoming Speaker. His said. position in the Republican Conference carries far more heft And Bayh campaigns have been juggernauts since HOWEY Politics Indiana Page 5 Weekly Briefing on Indiana Politics Thursday, Jan. 28, 2010

the first two over Rob Bowen and John Mutz from the extreme right in their party, there in 1986 and 1988, when he won by 5 per - is a critical, yet time-sensitive, opportu - centage points. His second gubernatorial and nity for Democratic candidates,” the DSCC his two Senate races all were 60-plus percent writes. “We have a finite window when landslides. “We are not taking anything for Republican candidates will feel susceptible granted,” Parker vowed. to the extremists in their party. Given the urgent nature of this dynamic, we suggest Lock & Load an aggressive effort to get your opponents With Pence out of the race, Republi- on the record.” cans will have problems, if not potential. The Of the remaining Republican field, most jarring sign of the times was Richard Hostettler was closest to Bayh in the Behney’s talk of armed insurrection if incum - Rasmussen Reports poll, trailing 44-41 bents aren’t ousted in November. percent. Behney suggested in Evansville last A Hostettler matchup, would be a week that an armed insurrection could chal - test both financially and thematically for lenge the U.S. government if there aren’t Republicans. Hostettler never raised much “new faces” elected to Congress in 2010. money while in Congress (rejecting PAC Speaking before a Patriot group in Evans- money) and the RNCC was aggravated ville last week, Behney talked about armed repeatedly for having to step in. In 2006, American revolutionaries standing up to the Hostettler spent much of his time ham - British at Lexington and Concord. “We don’t mering away on the immigration issue in want to do that yet,” Behney said. “We have August and September with more than a one last opportunity and I believe that 2010 dozen town hall meetings, before los - is it and we can do it with our vote. Whether ing interest in his own campaign on the it’s my face or not, I pray to God we see way to a landslide loss to U.S. Rep. Brad new faces. If we don’t see new faces, I’m Ellsworth. In 2008, President Obama car - cleaning my guns and getting ready for the ried more than 70 percent of the Hoosier big show. I’m serious about that. None of us Latino vote, the fastest growing voting want to go that far yet.” bloc in the state. It was a new kind of inflammatory Rokita brings a statewide presence rhetoric for an Indiana congressional race. and the highest name ID to the race along “Will Evan Bayh need to campaign in a flak with two wins . He has vivid contacts with jacket?” Parker asked. “Will our candidates in clerks in 92 counties. Hostettler has had public life have to wear kevlar vests?” more exposure than the rest of the field Indiana Republican Chairman J. Mur - and that will be Stutzman’s and Bates’ ray Clark reacted to Behney’s statement by biggest hurdles to, as Sen. Dick Lugar saying, “I can’t support that type of state- would say, “become famous.” Their finance ment. My understanding is he’s one of the reports due at the end of this month could Tea Party activists. It would be a real mis - go a long way in determining whether ei - take for me to oppose the Tea Party move - ther will have legs to take on the regional ment despite this gentleman’s statement. The GOP Senate field includes and evangelical support that Hostettler The irony is that you do your own cause (from top) Don Bates Jr., Sen. will count on. harm with statements like that. Almost all Marline Stutzman, former con- When Dan Dumezich was ponder - of the Tea Party people I’ve met aren’t out gressman John Hostettler and ing the race, his strategy counted on $8 of the mainstream. They are frustrated and possibly Secretary of State Todd million to buy enough points and build a they are newcomers.” Rokita. grassroots campaign to challenge Bayh. Democrats are preparing to drive At this point, none of the Republican con- a wedge between Tea Party radicals like Behney and the tenders are likely to bring in that kind of money. GOP. U.S. Sen. Robert Menendez of New Jersey and his Whoever wins the GOP nomination will then be staff distributed a memo Tuesday advising Democratic cam - faced with the daunting task of wooing independents and paign managers to frame their opponents early and to drive moderate Republicans who have been turned off by Presi - a wedge between moderate voters and Tea Party-style con - dent Obama and have long supported Evan Bayh. v servatives. “Given the pressure Republican candidates feel HOWEY Politics Indiana Page 6 Weekly Briefing on Indiana Politics Thursday, Jan. 28, 2010

“I’ve been trying to get a program like the Lugar Clinton, Palin, opened Series started for years. But, it costs money, and you have to have the resources,” said Simpson, “and so far I just political doors for women haven’t been able to lay my hands on enough resources.” Simpson has, however, hosted the Democratic By BEN FISHER Women’s Day function at the Statehouse for the past six INDIANAPOLIS - The presidential and vice presi- years during the Legislature’s long budget sessions. dential campaigns of Hillary Clinton and Sarah Palin opened Huddleston supports Simpson’s efforts despite their a new chapter in national politics. In Indiana, Democrat respective political leanings. Jill Long Thompson shattered the ceiling by winning the “When you look at our program in the Lugar Se - Democratic gubernatorial nomination. ries, it is an educational program,” said Huddleston, “We There’s been success at other levels in Indiana, are partisan, but we are an educational program. And you with the last two lieutenant governors, Becky Skillman and should not be selfish in wanting other people and women Kathy Davis. to be educated in what goes on.” But did the events of 2008 create new opportuni - Simpson was first elected to the Senate in 1984. ties or obstacles, particularly since She is the first female lawmaker to serve all but Skillman lost their races? on the State Budget Committee and the “We have these women first to be elected leader of a caucus. who have stepped forward this “Women now have some seniority time who aren’t your typical can - because some of us have been around didates,” said Sandi Huddleston, for a while and this whole body is based assistant chair of the Indiana Re- on seniority. So because we’ve chalked publican Party and outgoing head up some years and developed some of the Richard G. Lugar Excellence expertise, you see people chairing com - in Public Service Series. mittees and things,” said Simpson on the “If they’re successful, and change in the status quo. even if they’re not, we need to “When I first came I had to be on look at them as examples for other the Health Committee and the Education women and get all of our citizens Committee because those were consid - to realize that there’s opportunity.” ered ‘women’s issues,’” said Simpson, The Lugar Series, estab- Assistant Republican Chairman Sandi Hud- “And people don’t do that anymore. I lished in 1988, involved a group dleston has led the Lugar Series since 1988 don’t think that’s even considered any- of women who, with Sen. Richard and is now seeing its graduates emerge as more.” Lugar, R- Ind., formed an organiza - candidates. (HPI Photo by Steve Dickerson) Indiana’s population is 50.7 per - tion devoted to strengthening the cent female. presence of Republican women in That percentage isn’t reflected in Indiana government. The program has seen 344 graduates the make up of the Indiana General Assembly. The Senate pass through, including Lt. Gov. Skillman and Rep. Cindy is 26 percent women. The Indiana House of Representa - Noe, R-Indianapolis. Four of its graduates are candidates tives is 22 percent female. in the upcoming legislative elections: Cheryl Musgrave, This number has been rising slowly for many years, Wendy McNamara, Sue Ellsperman, and Tammy Winning. but not fast enough for some. “What’s happening is there is a concerted effort Simpson said that part of the problem comes from in especially the House campaigns by the Indiana Republi - the different ways men and women look at government. can Party to support women,” said Huddleston. “And many “Women are more likely to run for office if they of these women have come through the program. Because are asked,” said Simpson, “which I think is different than they’re trained, they’re not concerned about stepping for- how men make that decision. I do think there is a differ - ward into these big positions.” ence in how women process the whole idea of holding a “The Lugar Series has been wonderful for edu- public office. And, there is a difference in how we serve, cating women and giving them the opportunity to decide too.” which direction they want to go,” said Rep. Kathy Richard - Huddleston sees different a different reason for the son, R- Noblesville. misrepresentation in numbers. Sen. Vi Simpson, D-Bloomington, has been trying “Frankly, I think that women sometimes have a for years to create a similar program for her party. hard time supporting other women,” said Huddleston. v HOWEY Politics Indiana Page 7 Weekly Briefing on Indiana Politics Thursday, Jan. 28, 2010

But with Marchal stepping away from an almost Newman, John visit certain GOP nomination, John said that it “would have been completely irresponsible for us not to consider who the Daniels to woo Massa best candidates are.” At the top of his list is Massa. “Mark Massa is one of those guys,” John said. “Out By BRIAN A. HOWEY of respect to Governor, talking with a key person in his ad- and KATIE COFFIN ministration without talking to him (first) would not work. INDIANAPOLIS - On a cold Wednesday morning, We told him that Mark Massa has to be considered for this Marion County Republican Chairman Tom John and former role. This guy is the right guy for the office.” prosecutor Scott Newman trudged into Gov. Mitch Daniels’ John said Daniels, “very reluctantly said ‘I don’t office. Their mission was simple: get permission to talk want to lose this guy. He’s been a great partner. If you to gubernatorial counsel think you need to talk to him, to talk to the best person for Mark Massa. prosecutor, I give you my permission.’” The mission oc - Asked if Massa had, indeed, been approached, curred after one of the John added, “I assume Scott (Newman) may have talked to more bizarre turns in him.” county politics. Prosecu - John said there were a number of other names tor Carl Brizzi announced surfacing: Chad Hill, Aaron Freeman. Dave Cook, Bob Hill, a week ago he would Judge Bob Altice, Sheila Carlisle, Jim Joven, Jeff Preston, not seek reelection and among others. “We’re going to give this a full, fair process,” annointed his long-time John said, leading up to the GOP slating on Feb. chief of staff Helen Marchal as his sucessor. Six days later, 13. Marchal abruptly decided not to run, citing “the sobering Massa is a long-time veteran of Marion County realities of a condensed, nine-month campaign” in a letter legal and political circles, serving as deputy prosecutor and released by Tom John to Republican precinct officials late chief counsel under Newman and under U.S. District At - Tuesday afternoon. torney Susan Brooks. He stepped up for the party in 1999 Brizzi was not happy, when he managed Sue Anne Gilroy’s unsuccessful mayoral telling HPI and the India- bid. Many in the party felt that Massa was unfairly blamed napolis Star that he didn’t for that loss. find out about John’s letter Tuesday’s events reverberated through both parties until after it went out. He on Wednesday. “It seems like a complete fiasco,” Marion told the Star that he and County Democratic Party Chairman Ed Treacy told the Marchal had talked about Indianapolis Star. “I’m kind of dumbfounded by it. I gave the campaign for months. them far more credit for having their act together.” Blog reports sur- Three Democrats - Terry Curry, former legislator faced that Gov. Daniels had David Orentlicher and county Assessor Greg Bowes - are not been consulted, but seeking the nomination. several HPI sources said there was a pow-wow in- U.S. Senate: Bayh campaign team volving the governor’s staff, U.S. Sen. Evan Bayh’s campaign team for his Newman and John prior to 2010 re-election includes: Dave Beattie, Hamilton Cam - Marchal’s exit. Sources in paigns, polling; Bill Knapp, Squier Knapp Dunn, media; Jim the governor’s office did not Crounse, MackCrounse Group, direct mail; Nancy Jacobson, return text messages from national fundraiser; Emily Gurwitz, Indiana fundraiser; and HPI seeking comment. Dan Parker, Indiana Democratic chairman, campaign man - Marion County Republican John denied the ager. Indianapolis Times blog Chairman Tom John wants Mark Massa in the race. (HPI Photo) report. “The governor has 2nd CD: Walorski files, mutes Obama had no role,” John said. State Rep. Jackie Walorski officially filed her 2nd “He didn’t get blindsided on CD candidacy this morning at the Secretary of State’s of - anything either. I meet with once a week and fice. Walorski said afterward, “I’m just excited. We’ve had Eric knew that Helen was going to run. They weren’t pick - such an outpouring of support from people. It’s starting to ing anyone; they were completely out of this.” light up.” HOWEY Politics Indiana Page 8 Weekly Briefing on Indiana Politics Thursday, Jan. 28, 2010

Walorski said lengers, he’s a cinch to people are concerned be renominated. about jobs, adding that Candidates lagging she watched President seriously behind Burton Obama’s State of the and the frontrunner Union address with with challengers - Messer Republicans, Democrats and Murphy after the and Independents in the 3rd quarter - will be room and they were “not under pressure to drop impressed.” out. “They were not Last summer, a excited about the fact that number of party elders there was no message of led by P.E. MacAl - what tangibly this admin - lister, tried to set up istration’s going to do to a scenario where the turn this thing around,” challengers would said Walorski, who will compare money totals challenge U.S. Rep. Joe and support and come Donnelly. “I finally just got to a consensus. If such up and muted him, and a scenario had gained started speaking to these traction, next week people saying, ‘You know, would have been the here’s what we have to time for consensus. State Rep. Jackie Walorski filed her 2nd CD candidacy with Secretary of do. We have to do at the McVey was the lone State Todd Rokita this morning. (HPI Photo by Katie Coffin) national level what we’ve candidate to embrace done in Indiana which is the notion at the time. bring in billions of dollars There is no indication of private investment, let those companies grow jobs and that such a scenario will unfold. stay out of the way as they do it.’” McVey was critical of President Obama’s State of Walorski also said keeping the tax structure low the Union speech last night as well as the national debt. is important, noting her campaign polled a couple months “Our government is literally swimming in some $12.3 trillion ago prior to the health care bill. Donnelly voted for the - with a “t” - in debt,” McVey said. health care bill and the public option. Walorski said Massa - “When you add up all of the I.O.U.’s hanging chusetts set a “fire” in the political realm. “[Donnelly] was around the taxpayer’s neck, the total is closer to $100 vulnerable then. I know he’s more vulnerable today.” trillion. And, with regard to Social Security, this reckless Walorski said her FEC report filed over the week - shell game amounts to nothing less than the greatest ponzi end will show $116,000 raised. Donnelly raised over scheme of all time,” said McVey. Tonight, after pushing a $207,000 in the fourth quarter of 2009. The campaign budget-busting health care bill, pushing through an across- begins the election year with over $750,000 cash on hand. the-board budget increase of 10 percent, and expanding Medicaid, the President is going to try to trick us with a 5th CD: Critical moment at hand modest, three-year ‘freeze’ in spending? The American It’s put up or shut up time in the 5th CD Republi - public must be getting dizzy. One day we need trillions in can primary with fourth quarter 2009 FEC reports due at bailout funds and new programs. the end of the month. “The next day we need gimmicky budget freezes. Challenger Luke Messer is expected to report more This silliness would be more amusing if it wasn’t placing than $100,000 raised for the period. The other challeng - the future of this nation at risk.” ers are being circumspect. Neither Brose McVey nor State Murphy rolled out his education plan last week. Rep. Mike Murphy were providing clues as to what they had “After releasing my detailed views on Agriculture, Energy, raised. Health Care, and Defense, I now present the Murphy Plan The stakes are high. While almost everyone associ - on Education,” Murphy explained. “My plan calls for a ated with the challenger camps believe that all are commit - change to the status quo in education as a way to increase ted to staying in the race through the primary, conventional our personal and community prosperity. Through reforms wisdom says that if U.S. Rep. Dan Burton has four chal - already making their start in Washington, and some re - HOWEY Politics Indiana Page 9 Weekly Briefing on Indiana Politics Thursday, Jan. 28, 2010

forms farther from realization, we can improve the qual - saves a dollar elsewhere. Mandatory spending increases ity of our education system to the benefit of all Hoosiers. and tax cuts must be paid for; they’re not free, and bor - While advocating reforms, my plan also calls for state and rowing to finance them is not a sustainable long-term local communities to maintain control over education policy policy.” with the federal government acting in a supportive role.” Murphy also called for an expansion of charter schools. HD46: Heaton kicks off campaign “In order for one to lead, they must look for good Republican Bob Heaton announced he will seek ideas from any source,” Murphy said. “While I election to the Indiana House of Represen- disagree with many of the proposals offered tatives in House District 46. “The decision by our current administration, the education to run for office was not difficult to make,” reform ideas offered by President Obama Heaton said. “There is a lot the General and Secretary of Education Arne Duncan Assembly can do to protect the jobs we have much merit. The ‘Race to the Top’ grant have, as well as bring in new ones, that program in particular highlights an aggressive is not being done by the people currently reform agenda.” in power.” In 2008, Heaton lost to State Rep. Vern Ticher 12,488 to 12,076. Heaton 9th CD: Sodrel leads Hill in said the property tax caps are one of the Rasmussen Poll most important issues to come through the After a dearth of polling for most of General Assembly and will provide perma - 2009, the data spigot has opened and the nent property tax relief for Hoosiers around Rasmussen Reports Poll in the Senate race, the state. “Now that the people will have a and a SurveyUSA poll in the 9th, reveal an chance to vote on the tax caps, I believe we anti-incumbency tone. The Jan. 17-19 Survey - will finally see permanent relief for taxpay - USA poll showed former Republican congress - ers throughout the state,” said Heaton, man Mike Sodrel leading U.S. Rep. Baron Hill noting that Tincher voted against the caps. 49-41 percent. President Obama’s fav/unfav Heaton will challenge State stood at 38/58 percent. On health care, 72 Rep. Vern Tincher for a second SD29: Shackleford to challenge percent said they were “satisfied” with the time. (HPI Photo) Sen. Delph quality of care they receive, but 46 percent Pike Township resident Robin Shackleford were dissatisfied with the amount they have announced her candidacy in HD29 where to pay. On the question of should Americans be “required” she will challenge State Sen. Mike Delph, who ran unop - to carry health care, 50 percent said it was a bad idea and posed in 2006. In a press statement released on Wednes - 42 percent said it was a good idea. Some 45 percent said day, her campaign will focus on “improving the quality that Hill should vote against any bill. The polling did not of life for Hoosiers in her district and across the state by include Republican . Young appeared at the developing a strategic economic development plan that Indiana University Young Republicans on Monday and chal - includes attracting and retaining more family wage jobs lenged Sodrel to a series of weekly debate. Sodrel quickly to Indiana. At the same time, she pledges to work with accepted. parents, teachers, administrators, and students to pursue Hill was advocating statuatory PAYGO this week. the best options available to strengthen Indiana’s education Hill’s office noted that House Blue Dogs realize “the seri - system. “A strong education is essential to finding a job ous fiscal situation that our country faces.” The Blue Dogs that can support a working family,” Shackelford said. “What said it “reflects not only the severe economic downturn we District 29 – and the rest of Indiana – needs is a leader inherited, but also years of failing to pay for new policies— who has the insight and experience to bring people togeth- including the 2003 prescription drug law and large tax cuts er to find common solutions, so our state can attract good that most benefited the well-off. The result was that the paying jobs and remain competitive in the global economy.” surpluses projected at the beginning of this decade were Currently, Shackleford serves as a project coordinator for transformed into trillions of dollars in deficits that threaten Engaging Solutions, a consulting firm that provides fiscal, future job creation and economic growth. In the 1990s, planning, fund development and diversity services to corpo - statutory PAYGO encouraged the tough choices that helped rations and non-profit organizations.” Describing herself as to move the government from large deficits to surpluses, a “dedicated public servant,” Shackleford previously worked and I believe it can do the same today. for the City of Indianapolis under Mayor Bart Peterson. She “Statutory PAYGO would hold us to a simple but was his Diversity Affairs Director. v bedrock principle: Congress can only spend a dollar if it HOWEY Politics Indiana Page 10 Weekly Briefing on Indiana Politics Thursday Jan. 28, 2010

to replace the retiring Earl Warren. The choice was initially Confirmation battle looms viewed as uncontroversial since Fortas had been easily con- over next Supreme nomination firmed as Associate Justice. But Johnson was a lame-duck president, having just removed himself from reelection. By CHRIS SAUTTER Republicans and a band of Southern Democrats unhappy WASHINGTON - In spite of President Obama’s call with Fortas’ liberal views on civil rights filibustered in hope to bipartisanship in the State of the Union address, judicial that Richard Nixon, who was campaigning to change the “confirmation wars” in Congress will soon heat up again. direction of the Warren Court, would win the presidency Supreme Court Justice John Paul Stevens, who will be 90 later that year. Johnson eventually withdrew the nomina - years old in April, is all but certain to retire at the end of tion and Nixon was able to nominate Warren Burger as the the current term in June. According to next Chief Justice in 1969. sources close to the Administration, the While no nominee to the Supreme Court has been White House has already begun finalizing filibustered since Fortas, 1968 marked the beginning of a short list of candidates for President the current contentious era of Court nominations. Be - Obama to choose from to replace Stevens, fore the Fortas battle, Congress generally deferred to the who is the oldest and longest-serving presidential choice for the high Court. For example, from incumbent member of the Court. But don’t 1897 to 1968, the Senate rejected only one Supreme Court expect a confirmation process as smooth nominee - during the Hoover administration. Since 1968, as the one last year for Obama’s first Court though, three more nominees have gone down to defeat, pick, Justice Sonia Sotomayor. Republicans are preparing to another withdrew before the nomination was actually sub - filibuster the President’s next choice—whomever it may be. mitted, and several more were hotly contested. One consequence of Democrats losing the Mas - In spite of the escalation of these “confirmation sachusetts Senate special election is that Republicans now wars,” a vote on the floor of the Senate has been the norm have the numbers to block nominees for federal court seats for Supreme Court appointments. Judge Clarence Thomas, if they stay united. Republicans were successful in stalling the most conservative nominee in 50 years, was confirmed lower court judicial confirmations last year even when the by a 52 to 48 vote when Republicans had only 43 Sena - Democrats had 60 votes, a so-called filibuster proof Sen - tors. But now the federal courts have fallen victim to what ate. Hoosier Judge David Hamilton’s nomination to the 7th former U.S. Solicitor General Walter Dellinger calls “the new Circuit Court of Appeals was held up for months until the Senate paradigm” in which 60 votes has become the new votes for confirmation were finally rounded up in Novem - 50 for Senate confirmation of judicial appointments. The ber. result is that some federal court vacancies will remain un - From the beginning of the Obama presidency, Re - filled for years. It remains to be seen whether Republicans publicans have been committed to a strategy of obstruct - will be able to stall the next Supreme Court confirmation ing his judicial appointments. Republican Senator Jon Kyl past this November when more Republicans are expected began threatening to filibuster Obama’s Supreme Court to join the Senate. nominees within a week of the November 2008 election. Republicans who opposed filibustering judicial nom - That was when the Democrats had but 58 seats, before inees during the Bush years now support it on the grounds Arlen Specter switched parties and Al Franken outlasted that challenged nominees meet their definition of “extraor - Norm Coleman for the disputed Minnesota Senate seat. dinary circumstances” set by a bipartisan group of senators Throughout the past year, Republicans joined by one or in 2005 under which a filibuster could be warranted. The two conservative Democrats have been holding lower court undefined phrase was a part of a compromise to avoid use nominees - even non-controversial ones - hostage by threat of the so-called “nuclear option” to change Senate rules of filibuster in the continuation of a 40-year war over the through procedural maneuvers to prevent filibusters from direction of the federal judiciary. Now Republicans, some of being used in judicial confirmations. In fact, “extraordinary whom argued that filibustering was unconstitutional when circumstances” amount to no more than ideological dis - George W. Bush was President, are ready to turn their agreement in the choice by partisan Senators. And, while sights on Obama’s next Supreme Court nomination. the confirmation wars began in 1968 largely focused on dif - Although filibuster of a Supreme Court nominee ferences between those who supported and opposed civil is almost unprecedented, Republicans now plan to use rights, it now encompasses every ideological disagreement the threat of filibuster to keep Obama and the Democrats between the left and right. on the defensive. The only nomination to be blocked by Beginning with Richard Nixon, Republican presi- filibuster was that of Justice Abe Fortas, whom President dents have generally used Supreme Court nominations to Lyndon Johnson had nominated for Chief Justice in 1968 excite their ideologically conservative political base at the HOWEY Politics Indiana Page 11 Weekly Briefing on Indiana Politics Thursday Jan. 28, 2010

cost of igniting divisive confirmation battles. Meanwhile, Court nominee comes from the list of moderates floated Democratic Presidents Clinton and Obama have settled on last spring after Justice David Souter announced his retire - moderate choices in order to avoid such fights. Nonethe - ment. It makes one wonder whether Democrats would be less, buoyed by their success in Massachusetts, Repub- better off in this tough election year with a Supreme Court licans will fight and delay Obama’s next Supreme Court nominee who truly excites their progressive base. v nominee in hope that it helps paint Democratic Senators up for reelection as “liberal,” even if Obama’s next Supreme Sautter is a Washington-based political consultant.

$361 million a year from various tax shelters and dodges. Governor’s cuts Thanks to former State Rep. Robert Kuzmann (D-Crown Point) and Rep. , (D-Michigan City), Indiana hit poor, not rich has rejoined the MTC. It’s time we give our Department of Revenue the tools to go after tax evaders in the corporate By SHAW R. FRIEDMAN suites. LAPORTE - As state revenue estimates continue hit - Secondly, let’s recoup monies that are owed when ting the skids, we keep hearing from the Governor how he’s big corporations don’t perform. Exhibit A is the Governor’s going to make budget cuts and demand sacrifices. Yet the failed experiment with privatizing welfare benefits and cuts so far are inflicting pain on those least able to afford it. eligibility. Somehow, the state has already spent $340 Senate Minority Leader Vi Simpson (D-Ellettsville) was right million on this ten year $1.3 billion contract and it was a this past week to challenge cuts that make no sense or sim - complete flop. Documents were lost, Medicaid and food ply inflict damage on the aged, the infirm and the disabled. stamps weren’t timely processed and taxpayers didn’t save For instance, the state’s recent 20 one thin dime. Rather than give IBM a parting gift of $4.4 percent cut in adoption subsidies appear million as a going-away prize, how about the Governor as mean spirited and cruel as cuts come commission a detailed audit, demand transparency and – and they don’t make good financial recoup every penny that any vendor or contractor owes sense for the state, either. The subsidies the state of Indiana. Somehow the Governor found $180 give adoptive parents the funds they need million to give IBM as a contract add-on in August when to support the additional responsibilites the contract was obviously failing. He needs to recover any of raising these kids. Bottom line – the money owed Hoosier taxpayers under this debacle. adoption rates of special needs kids have Finally, when are we going to see the Governor fallen as a result of the cuts. Boy, that and Attorney General Zoeller sue any of the big investment was gutsy Governor – going after special banks whose unsavory practices cost any Indiana insur- needs kids and their families! ance companies or pension funds money as a result of the How about this Governor show some real guts and Wall Street investment scandals? We see Attorneys Gen - go after the rich and powerful corporations who are skating eral in other states like Lisa Madigan in Illinois protecting on their tax obligations to Indiana? How about a “profile in their citizens and willing to take on Wall Street. Just a few courage” there for a change? weeks ago, we read reports that not only did investment It seems “Our Man Mitch” is more than willing to banks like Goldman Sachs sell worthless, bundled securities pick on local firefighters and teachers first, rather than ask - to unsuspecting pension funds and insurance companies ing the nation’s biggest, most profitable corporations to pay – they actually hedged their bets that many of those same their fair share. It’s interesting that as recently as 1990, securities would go bust and short-sold the same invest - corporate income taxes accounted for 12% of our state ments they were promoting to others! budget; now they account for just 6%. Mitch Daniels is the first to go after adoptive par - Governor – we can close the budget gap with- ents and demand sacrifice – just like he is eager to go after out raising taxes or hurting the most vulnerable among some local school corporation or Sheriff or county commis - us. First off, let’s do what we can to close off tax shelters sioner to demand efficiencies and cutbacks. Hoosiers have and gimmicks that allow some of the largest corporations been badly hurt because of the outrageous schemes on in the world to evade their state tax obligations. Whether Wall Street and it’s time that our Governor was willing to it’s passive investment corporations (PICs), sending Indiana hold Wall Street’s feet to the fire and demand the world’s income to tax havens or gimmicks like transfer pricing, we biggest corporations be made to pay what they owe in are missing the boat on hundreds of millions annually in Indiana taxes and repay what they have improperly taken much needed tax revenues. The nonpartisan, Mutli-State from Hoosier wallets. v Tax Commission (MTC) estimates that Indiana loses up to HOWEY Politics Indiana Page 12 Weekly Briefing on Indiana Politics Thursday, Jan. 28, 2010

wore the night she was killed. Using Touch DNA technology HPI Q and A: investigators found a genetic match with a larger quantity Vincent I. Perez, Forensic ID of previously analyzed DNA from her undergarments. So, DNA from two pieces of crime scene evidence matched an By BEVERLY PHILLIPS unknown male believed to be her killer. A shadow of suspi - This week the Indiana Criminal Justice Institute cion had hung over the Ramsey’s heads for many years and (ICJI) awarded Indianapolis-based Forensic ID with grant they were literally put through hell. Touch DNA vindicated funding which will allow for expanded Touch DNA technol- the parents; it ended the speculation. A lot of time and ogy for Indiana crime fighters. The $1.2M ARRA Justice money was wasted investigating the parents when the true Assistance Grant expands a 2008 pilot project with the killer was, and is, still at large. Indianapolis-Metropolitan Police Department (IMPD) and HPI: Is fingerprinting used any more? brings Touch DNA resources to the Ft. Perez: Finger printing is not used as much Wayne Police Department for the first now that we have DNA technology. For ex - time. Touch DNA holds great promise in ample, it is very, very difficult, if not impos - reducing gun and property crimes. sible, to get good fingerprints from guns. HPI: What is Touch DNA? Trigger ID provides an easy to use method Perez: Touch DNA takes foren- for collecting trace evidence from the trig - sic evidence to a whole new level. It is ger. IMPD seizes about 3,000 guns each what its name implies – in the course of year and those guns can all be analyzed to a day, we all leave trails of DNA evi- know if a convicted felon handled them. So dence everywhere we go, everything it’s two-fold: If they are felons, they aren’t we touch. We shed skin cells constantly. supposed to have guns and if they are still Very small amounts of that DNA evi - committing gun-related crimes, we can dence – which includes skin cells, saliva, identify them more quickly. In general if blood, and body fluids – can be analyzed we look at DNA versus fingerprints here in from less than a nanogram. Indianapolis, out of 189 Touch DNA cases HPI: How does Touch DNA save analyzed by the Marion County crime lab taxpayers money? in 2008, police were able to obtain full and Perez: This technology stands partial offender DNA profiles in 48% of up very well in court, more so than Low those cases; compared to just a 5 percent Copy Number (LCN) DNA. One huge success rate from fingerprints. benefit is ruling out suspects more HPI: How is Touch DNA being Perez is vice president and general quickly. Speaking as a former cop, it’s used in property crime investigations? counsel at Forensic ID (HPI Photo) important that police aren’t chasing false Perez: Property crimes are a bit leads and can focus resources on finding problem everywhere, urban and rural alike. the real bad guys. Prosecutors have solid forensic evidence Recovering more DNA evidence from burglary crime scenes that increases the likelihood of a conviction. What’s hap - can have a dramatic impact on reducing burglaries. The pening more and more is that when a defendant knows crime of burglary has one of the highest recidivism rates. the prosecution has DNA evidence, in some cases they DNA evidence increases the likelihood of a conviction more readily admit guilt, which saves the already stretched and removing career criminals from the streets for longer resources of prosecutors, public defenders and the judicial periods of time. The DOJ study I mentioned measured the system. One study by the Department of Justice a couple cost effectiveness of DNA evidence in property crimes and years ago looked at five cities and property crime investiga - found that defendants identified through this technology tions using Touch DNA. They documented longer convic - received an average sentence of 13.9 years; compared to tions for career criminals, which means individuals who are 1.4 years using traditional investigative means. They found intent on victimizing others are stopped. You can’t put a the prosecution-filing rate to be eight times greater than price on that. cases without DNA. One of the cities studied was Denver HPI: Has it been used in any well-known investi- that says its home burglary rate dropped by 26%. That’s gations or prosecutions? the kind of potential Touch DNA holds here in Indiana and Perez: It was used to rule out once and for all that elsewhere to reduce crime. v Jon Benet Ramsey’s parents – John and Patricia - had any - thing to do with her tragic murder in December of 1996. A Beverly Phillips edits HPI and has an independent DNA profile was pulled from two places on the clothing she PR/media consulting business based in Indy. HOWEY Politics Indiana Page 13 Weekly Briefing on Indiana Politics Thursday, Jan. 28, 2010

They got what they deserved. But their defeat did Too early to write off not mean that the new Democratic majority would live hap - pily forever more. Obama as one-termer With control of Congress and with Barack Obama in the White House, Democrats fiddled while health care By JACK COLWELL burned. They bickered among themselves, resolving noth - SOUTH BEND - How does one begin a column on ing thus far, while giving the impression that they too the Democratic debacle in Massachusetts, where loss of listened too much to lobbyists and weren’t concentrating the Senate seat long held by Ted Kennedy prompts some on what was most important to the people. Washington pundits to write virtual obits for the year-old They needed to act by August on a health Obama administration? care plan, one put together with reasonable compromise It occurred to me to use between progressives and moderates on many worthwhile the same lead as in this space elements on which both could agree. It would have been last May 31 - with just two words popular then, except with the insurance companies, as changed. actual legislation rather than fabrications would have been The lead then, at a time in focus. when some those same pundits Instead of acting quickly, they quibbled, with the were writing obits for the Re- Senate finally passing its Christmas tree version, with orna - publican Party, was this: “The ments for every supporter, on Christmas Eve. Meanwhile, Republican Party is not dead. Nor House Democrats said the Senate version was bad. Senate is it dying. It is sick, for sure, but Democrats said the House version was bad. Moderates said not with a terminal malady.” the progressive provisions were bad. Progressives said the Today, let’s go with the moderate provisions were bad. Republicans, knowing that same three sentences, only negative works, said all of it was bad. changing two words. Delete “Re - So, should Democrats be surprised when polls publican Party” and insert in lieu thereof “Obama adminis - show growing belief that their health care proposals are tration.” bad and that they are doing a bad job? After an election thumping _ and Democrats suf - Democrats, claiming that the Massachusetts fered one with national implications in Massachusetts _ defeat really had little meaning nationally, cite excuses: there often is speculation about the demise of the defeated Their nominee turned out to be less than stellar. True. The party. You know: The Republican Party was dead after Bar - Republican nominee came up with one of those silly but ry Goldwater was trounced in 1964. The Democratic Party effective gimmicks, an old truck. True. They took the race was dead after George McGovern was trounced in 1972. for granted for too long. True. Conservative groups, smell - Republicans were dead again after Watergate. Democrats ing blood in the water, swarmed into Massachusetts with an were dead again after Karl Rove put together a Republican all-out effort to embarrass Obama. True. base to reign for decades. But all of these factors would not have brought Well, you get the picture. defeat in that race if the Democratic brand had not been Republicans did suffer a big defeat in 2008, tarnished. with Obama elected president, even carrying Indiana, and Democrats have no one to blame but themselves. Democrats gaining firm control of Senate and House. But But defeat doesn’t mean the demise of the Obama Republicans weren’t dead. Proof: Their ability to stymie administration. Obama and win governorships in Virginia and New Jersey Yes, Republicans will make significant gains in and then to win that Senate seat in Massachusetts, a state House and Senate. How significant? A lot depends on so Democratic in national politics that it was the only state what Democrats do now _ finally pass a reasonable health to go for McGovern in 1972. care reform or nothing, finally focus like a laser on the Republicans had no one to blame but themselves economy or nothing, finally recapture the “change” issue or for their ’08 losses. nothing. With control of Congress and with George W. Bush The Obama administration is far from robust in the White House, they spent like drunken sailors. Actu - health, but not with a terminal malady. v ally, drunken sailors at least don’t pretend to be budget- ing conservatively. They listened too much to lobbyists Colwell has covered Indiana politics over five de - and didn’t concentrate on what was most important to the cades for the South Bend Tribune. people. HOWEY Politics Indiana Page 14 Weekly Briefing on Indiana Politics Thursday Jan. 28, 2010

thrown under the bus by students seeking revenge. She School year bill moves urged the committee to consider evaluating the accusations on a case-by-case basis rather than immediately filing them in Senate committee into a report. The bill passed unanimously out of commit - tee. - Julie Crothers By JULIE CROTHERS Indiana schools may be able to enjoy Labor Day MIXED REACTION OVER PD, FD FEES: A bill with families before heading back to the classroom, should prohibiting townships, municipalities and fire departments Senate Bill 150 become law. If from collecting emergency response service fees brought passed, the bill would require that mixed testimony during the Senate Local Government com - no Indiana schools begin before the mittee meeting Wednesday. Jon Zarich testified on behalf Tuesday after Labor Day. An amend - of the Insurance Institute of Indiana and said these bills ment passed during the Senate for emergency services can total $1,000 and higher for Education and Career Development services many people think already have been paid through committee Wednesday would allow property tax. “People may not call the fire department if school corporations to extend the they are going to get billed for it,” said Sen. Allen Paul, school year beyond the original June R-Richmond. Paul, sponsor of Senate Bill 145, said his bill 10 end date if they feel it necessary. would prohibit the billing of services from departments that An education study board would make recommendations already receive money from taxpayers. However, volunteer to the General Assembly concerning student and school fire departments would be exempt from the bill. Tom Hanify performance before deciding on the flexible end date. spoke on behalf of the Professional Firefighters Union of The changes would not apply to year-round schools. The Indiana. He stood in opposition of the bill, saying billing bill passed out of the committee, 8-1. Sen. Mike Delph, practices are not widespread or commonplace. “[SB 145 is] R-Carmel, said his main focus in sponsoring SB 150 was something we need to address,” Hanify said. He said more to help Hoosiers “get their summers back with their kids.” time is needed to look into the issue. After an hour of hear - He said the bill would not hinder the state’s required 180- ing testimony on the bill, the committee moved the bill to day school year. “I would not support anything that would the full Senate, 8-3. - Renee Bruck sacrifice academic excellence,” Delph said. Over the past several years, Indiana schools have been inching back LENDING BILL BARELY MAKES IT TO their starting dates, ending summer some two to three A bill to curb aggressive lenders weeks early so students can hit the books. Critics say that HOUSE FLOOR: provoked sharp disagreements in the Financial Institutions students should be spending more time in the classroom, committee of the Indiana House Thursday. The fact that rather than less. Delph said he also plans to consider the it emerged from the committee was more a tribute to the long-term consequences of having shorter school days, but faith lawmakers have in House Bill 1336’s sponsor, Rep. said starting school later in the summer would not cause Dale Grubb, D-Covington, than in the bill’s merits. Rep. major disruptions to student learning. “This is a sensible Vanessa Summers, D-Indianapolis said she didn’t agree shift in the school calendar,” Delph said. “We’re promoting with the way some members of the committee treated family values.” If passed by the Senate next week, the bill Rep. Dale Grubb, D- Covington, and his bill. Summers then would move to the House for consideration. said Grubb is a good politician and members such as Rep. Woody Burton, R-Greenwood, and Rep. Chester Dobis, TEACHER MISCONDUCT BILL PASSES: The D-Merryville, should put their faith in Grubb that he will do Education Committee passed a bill that would require the right thing with his bill. “I cannot believe you would do schools to maintain a record of educator misconduct that Grubb like that,” said Summers to Burton and Dobis for vot - then would be passed along to future employers wanting ing against Grubb’s bill. Summers said she would pass the to do background checks. Opponents of Senate Bill 242 bill because she knows Grubb wants to help Indiana, and argue that for confidentiality reasons, the measure may she didn’t want to see his bill die in committee. The com - do more harm than good. Concerns about the timing of mittee agreed that the bill, which would regulate out-of- such measures were also debated. Should an educator be state credit unions and state retirement funds, needs a lot accused of wrongdoing and be suspended from a teaching of work. “I am willing to work together on this bill with the position, the paper trail might not catch up with a teacher committee,” said Grubb. Grubb said financial institutions quickly enough to avoid a hire elsewhere. Nancy Papas not funded by Indiana have an advantage because they of the Indiana State Teacher’s Association said that such can charge higher rates than financial institutions in Indi - legislation could too quickly allow innocent people to be HOWEY Politics Indiana Page 15 Weekly Briefing on Indiana Politics Thursday Jan. 28, 2010

ana. Indiana has a maximum interest rate of 21 percent, the state into a profit center. Southern Wine and Spirits, said Grubb. HB 1336, aggressive lenders, passed to second which is a $9 billion operation working out of 29 states, reading, 7-4. - Mitch Downs was recently licensed in Indiana. The NWS Web site says that Southern’s profits would not be invested in Indiana like WILL WOULD ALLOW 16-YEAR-OLD BLOOD theirs would. DONORS: Sen. Patricia Miller, R-Indianapolis, said all Stephen Becker, executive vice president and trea- Senate Bill 46 does is make it possible for 16-year-olds to surer of Southern, said there are a lot of “misconceptions” donate blood if they have their parents’ consent (Lemon, about his company. He said that they also pursue charitable HPI/Franklin). Sharyn Whitman, CEO Indiana-Ohio region enterprises and they pride themselves on their customer of the American Red Cross, said, “Currently Indiana law is service. silent on the issue of 16 year old blood donations,” Sharyn “I think the fact that there is no franchise law en- Whitman of the American Red Cross told the Senate Health sures good customer service,” Becker said. “If this legisla - and Provider Services committee Wednesday. “We now tion passes, there will never be another wholesaler in the seek to elect specific language to definitively support blood state of Indiana. It doesn’t make economic sense. Southern collections from 16 year olds,” Whitman said. The commit - will certainly not come to Indiana.” tee approved the bill unanimously. It now moves to the full Several citizens testified in favor of NWS on their Senate. - Rachel Lemon charitable enterprises. Nicole Oprisu, president of the Broad Ripple Bar and Restaurant Association who also indepen- dently owns and operates restaurants in Broad Ripple, BATTLE RAGES OVER ALCOHOL: A battle raged said that it’s important to keep independent distributors in between alcohol suppliers, wholesalers and retailers in Indiana. She also said it was a pleasure to work with Jim Indiana House and Senate committees Wednesday over LaCrosse, CEO of NWS, and his family. whether or not to change a supplier’s process of switching “Even though I am not the biggest fish in the pond, wholesalers. it’s nice to know that somebody like National Wine and Alcohol marketing is a three-tiered system. The Spirits is willing to treat me as if I were,” Oprisu said. “I suppliers are the first tier, and they are companies like Jack don’t think that’s necessarily something that you can find Daniels. They sell wine, beer and liquor to the wholesalers, on a national level.” like Monarch Beverage Company. The wholesalers then sell Paul Mannweiller, a representative of NWS, said it to the retailers, who sell it to the public. The system is in this bill would not create monopolies or prevent wholesal - place due to laws dating back to Prohibition. ers from entering Indiana. He said that suppliers would not Senate Bill 244, introduced by Sen. James Merritt, be forced to change wholesalers and the bill only provides R-Indianapolis, aims to allow a person to wholesale beer, transfer and compensation language between wholesalers. wine and liquor, where the law currently only allows a per- “We’re just trying to help Indiana companies and son to wholesale wine and beer or wine and liquor. House keep Indiana jobs,” Merritt said. Bill 1191 introduced by Rep. Scott Pelath, D-Michigan City, Opposition to this bill believes it will create mo - is virtually the same. nopolies for NWS and Monarch and discourage competi - The provision in these bills that provoked hours tion. Jim Calvert, vice president of product development for of debate in two committees was the one dealing with the Olinger Distributing, said that Olinger is out-of-state owned process for suppliers switching wholesalers. This bill would but have been in Indiana since 1946. He said his company require that, when a supplier decides to switch wholesalers, has also been involved in the community and charitable the ousted wholesaler would have to negotiate with the giving. Calvert also said that, like NWS and Monarch, new wholesaler on what “fair market value” is for the right he is not happy that Southern is in the Indiana market. to distribute that particular brand. If an agreement is not However, he said it shouldn’t be a surprise that consolida- reached between the two, it would be settled by “binding tion is happening. He said while Southern is painted as arbitration.” When a dollar figure is settled, the new whole - the “600-pound gorilla,” Olinger is likewise painted as the saler would have to pay the old wholesaler that settled “400-pound gorilla” because they are a part of a 12-state amount to make up their loss in distribution rights. network with Glazer, one of the country’s largest alcohol The two companies who are the main supporters distributors. They possess about 37 percent of the spirit of this bill are National Wine and Spirits and Monarch Bev- market share. erage Company. They worked together with legislators to Calvert, along with Brian Burdick of the Distilled craft the bill, which NWS says on their Web site will “level Spirits Council of the United States, said that while the bill the playing field” in alcohol marketing. The legislation was appears “benign,” it will actually harm competition and designed to protect Indiana alcohol wholesalers against drive up alcohol costs. Both the House and Senate bills out-of-state companies with deep pockets who could turn passed their respective committees. - Katie Coffin HOWEY Politics Indiana Page 16 Weekly Briefing on Indiana Politics Thursday Jan. 28, 2010

Mark Kiesling, Times of Northwest Indiana: It But in the privacy of their man caves at home, some Demo - sounds like someone is putting me (and everyone else) on cratic senators might have uttered a small sigh of relief. here, and even a casual reader of the column knows how I The pressure of 60 votes just broke. No longer will Sen. hate that. Calumet Township Assessor Booker Blumenberg Evan Bayh or other moderate Dems be pressured to hang said the state has really not taken over his office and that with the caucus and ensure the critical 60th vote to block a he is performing his job with exemplary results -- and that Republican filibuster. Without the 60 votes (which includes state Department of Local Government Finance Commis - two independents who generally vote with the Democrats), sioner Tim Rushenberg is full of hot air. Rushenberg said Majority Leader Harry Reid can’t cajole, strong-arm, per - on Jan. 16 that his office will assume the duties of the suade, horse-trade or threaten within his caucus. The votes Cal Township assessor’s office because just aren’t there. For any legislation to emerge the assessor’s office is woefully unable to from the Senate, some Republicans will have perform even the basic functions. Rush - to be on board. This takes the squeeze off enberg contends taxpayers are paying the Bayh but also is more likely to produce bills bill for gross malfeasance and incompe - that he’s more inclined to support. I’m not tence. Blumenberg has taken umbrage suggesting Bayh is glad there is one fewer with Rushenberg’s assessment and said Democrat in the Senate. But he certainly rec - he will continue in office, full steam ahead ognizes that the new makeup will require the and damn the torpedoes. “My office is White House and the Senate leadership to be unaffected by your purposed actions,” more accommodating to Republicans - and Blumenberg said in a letter to Rushenberg Democrats like Bayh - as they cast about for this week. What Blumenberg has appar - an approach to the health insurance legisla- ently failed to take into account is that he is now in the tion, climate change bill and other issues. v arena with the big boys. He is no longer duking it out with Griffith Town Council President Rick Ryfa, who has been a Rich James, Post-Tribune: My guess is that it thorn in Blumenberg’s side for ages but who was unsuc - would be difficult to find a Northwest Indiana Tea Party cessful in an attempt to get the assessor’s office eliminated person who voted for Barack Obama. That is in part why last year. Despite having numbers and statistics and data they came out in droves over the last few weeks to jam on their side, Ryfa and his fellow Griffithites watched as 81 public forums hosted by U.S. Rep Pete Visclosky. Based on percent of the voters opted to retain the Calumet Township some of the criticism, you would have thought Visclosky assessor’s office as a political entity. Of course, the 81 per - was the Antichrist, rather than someone who embarked on cent were largely from Gary -- the only other incorporated his adult life as a seminarian. I suspect they don’t know municipality in Cal Township and the recipient of most of that Visclosky is the son of an ironworker and that the con - Griffith’s contributions. I’ve already hashed and rehashed gressman has a deep feeling for those who make a living why Griffith can’t by itself continue to support poor relief working with their hands. I suspect they also don’t know to Gary, and poor relief is the main raison d’etre for the that NWI is much better off because of Visclosky’s service assessor’s office in Cal Township. It’s an anchor dragging in Congress. At more than one forum, they told Visclosky Griffith to Davy Jones’ financial locker. No, Blumenberg is that he isn’t listening to the people -- to his constituents. now playing with the boys (and girls) from Indianapolis, And at more than one forum, they criticized Visclosky for and he is going to end up getting his head handed to him. the way he responded to their questions. If they didn’t They deal in bottom lines. They are the bean counters, want an honest answer, I’d venture to say they shouldn’t and Blumenberg is coming up short way too many beans. have asked the question. In other words, Tea Party right, I’ve never been a big fan of the folks from the state capital Visclosky wrong. Much of the criticism of Visclosky is the coming up to Lake County to tell us how to run our way of result of his support of health care reform. Well, the Tea life. We are mill rats, and they are all about the bib over - Party people are against health care reform because, well, alls. But there comes a time when the bib overall-wearing because they can be. It is difficult to specifically say why guy needs to stick his pitchfork into the mill rat and say the they are opposed to health care reform because we don’t time has come for reform from the outside. And in Calumet yet have a health care reform bill to be against. Maybe it v Township, that time is now. simply is because Obama is for health care reform, so it must be a bad thing. There’s a lot of that going around. Or, Sylvia Smith, Fort Wayne Journal Gazette: perhaps the Tea Party people are employed or well-heeled The election of a Massachusetts Republican in a traditional and sitting pretty with a health insurance program. v Democratic Senate seat reverberated throughout Washing - ton last week, and Democrats were shaken to their core. HOWEY Politics Indiana Page 17 Weekly Briefing on Indiana Politics Thursday Jan. 28, 2010

Daniels welcomes 600 Obama cites new jobs in Indy Elkhart SPEEDWAY - Gov. Mitch ELKHART Daniels announced Wednesday that - Elkhart County two companies will be expanding their played a part in business in Indiana, providing Hoo- President Barack siers with 287 new jobs by the year Obama’s first State 2013 (Brownrigg, HPI/Franklin). Ex - of the Union address, press Scripts, and it played an a pharmacy even bigger part in benefits one major network’s management coverage of the company, and speech (Weinhold, Zipp Speed Elkhart Truth). Just a Weaponry, a few minutes into his racing bike nationally televised component remarks Wednesday, maker, an - an honest and reliable firm. “I used Obama mentioned nounced that they will be adding the to do business with them in all my Elkhart, along with Galesburg, Ill., as jobs over the next two years. Daniels years at Lilly and this has been one of examples of places in America he’s vis - said in Express Script’s press confer- the great, great contributing positive ited that are hurting economically. The ence that Indiana is a fine place to do forces in health care for a long time… reference brought smiles to the faces business even in tough times. Their business is reducing the cost of some of the county residents ABC “You fight recession by having of medications, but increasingly also News had assembled at a Keystone RV the best business climate available. helping patients use the medications Co. facility here. The network gath - Again today, two great companies in to maximum positive effect,” Daniels ered more than 15 people -- many of the front rank of their respective in- said. them unemployed -- at the U.S. 33 dustries have chosen the Indiana busi- Zipp Speed Weaponry plans to building to watch the speech, then ness environment over all other op - devote $12.4 million for a new build - offer their reaction live on TV after - tions,” Daniels said in a press release. ing on the northwest side of India- wards. “They let us know it’s a lot of In 2009 Express Scripts, a Fortune 500 napolis. In Zipp Speed Weaponry’s set-up for maybe one or two minutes,” company, acquired Wellpoint’s NextRx press conference, Daniels said that said Bob Martin, who recently took subsidiaries, which was based out of the company was special because it over as Keystone president. “It is what Indianapolis. Express Scripts, which started in Indiana, and that it has set it is. It’s been very good.” is headquartered in St. Louis, chose to a wonderful example for other Indi - consolidate its operations in Indianap- ana-born companies. “Homegrown Hamilton, Kean critical olis, and will have 182 new positions companies have a special affection in available by 2012. The company plans of Obama on terror our heart, and you are one…Here’s WASHINGTON - President to take over and invest $5.17 million a company born and bred right here into Wellpoint’s NextRx building near Barack Obama did not devote enough that is absolutely the best in the world attention to fighting terrorism last Indianapolis International Airport. at what they do…This is Indiana’s George Paz, chairman and year because he was distracted by future…The future we imagine for our legislative battles over healthcare and chief executive officer of Express state is hundreds of companies who Scripts, said that Hoosier employees climate change, the former chairman take your example,” Daniels said. of the 9/11 Commission said Tuesday work hard. “Our employees in Indiana In order to make Indiana are taking the lead in providing our (The Hill). Thomas Kean, a former more appealing to both of these com - GOP governor of New Jersey who led specialty patients and clients with un- panies, the Indiana Economic Devel - paralleled service,” said Paz in a press the National Commission on Terrorist opment Corporation [IEDC] offered Attacks Upon the United States after release. each company performance-based tax In the press conference for Sept. 11, 2001, urged Obama to step credits as well as training grants rang- in more quickly to resolve turf battles Express Scripts, Daniels said that he ing from $50,000 up to $2.95 million. had worked with the company when between intelligence agencies. “In a he worked at Lilly, and that they are way, this Christmas Day bomber did HOWEY Politics Indiana Page 18 Weekly Briefing on Indiana Politics Thursday Jan. 28, 2010

us a favor because everyone talking a move would even save money or Obama that his own year-end dead - about healthcare, cap-and-trade - and be more efficient. “We’re all for better line for diplomacy with Iran has now I think everyone from the president government at a lower price,” said expired, and it is therefore time to on down got a little distracted and Nappanee Mayor Larry Thompson. impose “crippling sanctions” against things got a little off track,” Kean said Axing township government “is not the regime. Given continued Chinese Tuesday in testimony before the Sen - better government at a lower price. obstruction to sanctions imposed at ate Homeland Security Committee. Somebody has to do the math.” the UN Security Council, Bayh urged “Now I think we got a wakeup call,” the President to make use of existing he added. Lee Hamilton, the 9/11 Gay Hoosier sites authorities under U.S. law to pursue Commission’s former vice chairman, “parallel and complementary” mea - also criticized Obama for not putting with First Lady sures to increase pressure against more emphasis on fighting terrorist FORT WAYNE - Trevor Yager Iran. Bayh also urged swift passage of attacks. He said if Obama does not was keen to hear several things dur- new, comprehensive sanctions leg - step in, tensions between the CIA and ing President Obama’s State of the islation currently pending before the Office of the Director of National Intel - Union speech Wednesday - what new Senate, which includes Bayh-authored ligence (ODNI) could intensify. “The policies might affect his business, sanctions on the sale of refined petro - intelligence community is relatively and his plans to deal with legislation leum to Iran. new to the president,” said Hamilton, a that particularly affects gay men and former Democratic congressman from lesbians (Fort Wayne Journal Gazette). Chamber skeptical of Indiana. “My impression is his instincts The Indianapolis advertising executive are probably good but he is still kind was among the 26 people whom first Obama spending freeze of feeling his way. I do not think he lady Michelle Obama invited to watch INDIANAPOLIS -The state’s has a firm grasp yet of the intelligence the speech with her from the House largest business advocacy group community Therefore, I’m pretty chamber, selected because of the hopes President Barack Obama’s State strong in my thought that he has to success of his business and because of the Union Address will focus on step in pretty hard here or some of he is gay. “I fit several demograph - jobs, innovation and an agenda that is these tensions that have surfaced will ics,” he said as he walked through the “more favorable to business.” Indiana be exacerbated.” halls of the Capitol hours before the Chamber of Commerce Vice President Wednesday night speech. Traditionally for Federal Relations Cam Carter says the president’s wife invites people to the administration has misread its Elkhart officials attend the State of the Union speech mandate by focusing on large govern - embrace townships in the section of the House chamber ment programs at the expense of jobs ELKHART - You won’t hear reserved for her. Modern presidents and the economy. “I’d like to see him harsh words from officials here about have frequently taken note of a few of talk about research and development township government, notwithstand - those guests to give real-life examples and innovation, which has been the ing a pair of state legislative proposals to policies. Yager, 35, was intended strength of the Indiana economy for a threatening the governmental unit’s to highlight a success story of a small long time,” said Carter. (Inside Edge) future (Elkhart Truth). In a place like business that benefited from the Elkhart County “it’s an important part Obama administration’s economic Buncich files for of our structure, critical,” said County programs. But he was chosen also Commissioner Mike Yoder. If town - because he is gay, and he thinks he Lake County Sheriff ships were eliminated and their duties is the first openly gay person who will CROWN POINT - There shifted to county government, the be a special guest at a State of the were no surprise candidates for Lake current slate of township trustees Union address. “I’m a gay man but County sheriff Wednesday (Dolan, would likely have to be hired by the also an American,” he said. “There are Times of Northwest Indiana). Former county to oversee the functions, Yoder so many people like me. I’m not an Lake County Sheriff John Buncich suspects. The county apparatus just anomaly.” officially filed Wednesday to run for doesn’t have the ties trustees have in the position. Buncich told a stand - their jurisdictions, connections vital in Bayh urges ‘crippling’ ing-room-only crowd of supporters at handling one of their key functions, Merrillville’s Slovak Club on Wednesday determining who should get the poor sanctions on Iran night: “I am not a career politician or relief they dole out. Beyond that, WASHINGTON - U.S. Sen. an office-jumper. The office of sher - there’s the question of whether such Evan Bayh and a bipartisan coalition iff is a not a political prize. It’s a law of colleagues today warned President enforcement agency.”