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TOP STORIES House Public Health Hears Smoking and Vaping Age SPONSORED BY: Reid Health Increase Bill to Strengthen Law

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TOP STORIES House Public Health Hears Smoking and Vaping Age SPONSORED BY: Reid Health Increase Bill to Strengthen Law February 21, 2020 TOP STORIES House Public Health Hears Smoking and Vaping Age SPONSORED BY: Reid Health Increase Bill to Strengthen Law SB 1 – Tobacco and Vaping Smoking Age Authored by Sen. Ed Charbonneau (R-Valparaiso) Sponsored by Rep. Cindy Kirchhofer (R-Beech Grove) Prohibits a person who is less than 21 years of age from buying or possessing: (1) tobacco; (2) e-liquids or (3) electronic cigarettes. Makes conforming changes regarding enforcement provisions, sales certificates, prohibition of delivery sales and notices posted at retail establishments and at vending machines. Provides that a retail establishment that sells an e-liquid to a person less than 21 https://www.reidhealth.org/careers years of age is subject to a civil judgment for an infraction. Triples the civil judgment for an infraction for: (1) a retail establishment that sells or distributes tobacco, an e-liquid or an electronic cigarette to a person less than 21 years of age and (2) certain retail establishments that allow an underage person to enter their establishment. Requires a merchant who mails or ships cigarettes as part of a delivery sale to use a shipping service that requires a customer to present identification if they appear to be less than 30 years of age. Makes it a Class B infraction for a person to knowingly sell a tobacco product that contains Vitamin E Acetate. Chamber position: Support The latest: Held by the House Public Health Committee; bill is expected to be voted on next week. Indiana Chamber action/commentary: The Indiana Chamber, the Indiana Department of Health, the American Lung Association and a group of other interested parties testified in favor of the bill. The Indiana Grocery and Convenience Store Association only supports raising the age, but not the penalties. The Chamber testified that smoking costs Indiana employers $6.2 billion a year in higher health care costs, absenteeism and lost productivity. The risks for youth with nicotine begins early, as nicotine changes the way synapses are formed – which can harm parts of the brain that control attention and learning. The recent federal law only prohibits the sale to minors, not the possession, so we believe further legislation is warranted. This issue is also something that has gained public approval, with two-thirds of Hoosiers supporting the legal age increase and 73% in favor of raising the cigarette tax by $2 to reduce our high smoking rates. Resource: Mike Ripley at (317) 264-6883 or email: [email protected] House Committee Makes Unfortunate Changes to Senate Version of Pesticides Bill; Fate Still Uncertain SB 438 – Regulation of Pesticide Use and Application Authored by Sen. Jean Leising (R-Oldenburg) Creates the civil penalty advisory panel to study and recommend a system for use in determining the civil penalties that may be imposed for a violation of the laws governing pesticide use and application. It requires the panel to make recommendations concerning the study to the Pesticide Review Board and General Assembly before December 1, 2020. Chamber Position: Oppose The latest: The bill was heard in the House Committee on Agriculture and Rural Development on Tuesday. The committee chair, Rep. Don Lehe (R-Brookston), offered an amendment that changed the language to what was originally in HB 1119. The amended bill establishes a new schedule of civil penalties in statute, which are significantly higher and requires the state chemist to impose the penalties. The amended bill, which cleared the committee 11-0, is scheduled for second reading in the full House on February 24. Indiana Chamber action/commentary: We testified in support of the bill prior to the amendment because it would require input from groups, including business, before changes could be made to civil penalty amounts and their application to violations. The other testimony ranged from flat-out opposition to any changes to the existing law to support, from the agriculture community, of the amended bill. The subsequent approved amendment to SB 438 now makes the measure unacceptable, so we are in full opposition. The Chamber’s concerns are for unintended impacts on lawn care companies as well as other businesses that use/apply pesticides. Both Rep. Lehe and Sen. Leising indicated that the bill needs work, and they want to cooperate with the different trade groups and interested parties to make it better. This bill is destined for conference committee if it passes out of the House. Resource: Greg Ellis at (317) 264-6881 or email: [email protected] IDEM Seeks Business Input on New Water Permit Fees The Indiana Department of Environmental Management (IDEM) is now soliciting public comment on new rules and amendments to a collection of rules concerning water program permit fees as required by House Enrolled Act 1278 in 2019. Specifically, IDEM seeks comment on the affected citations listed below and any other provisions of Title 327 that may be affected by this rulemaking. The comment period ends on March 20, 2020. Details at http://iac.iga.in.gov/iac/20200219-IR-327200026FNA.xml.pdf. CITATIONS AFFECTED: 327 IAC 5; 327 IAC 8; 327 IAC 15; 327 IAC 19-7 IN OTHER NEWS Labor Relations Senate Pensions and Labor Committee Passes Key UI Bill HB 1111 – Unemployment Authored by Rep. Dan Leonard (R-Huntington) Sponsored by Sen. John Ruckelshaus (R-Indianapolis) Provides a new schedule of rates for calendar years after December 31, 2020. Provides new contribution rates for calendar years after 2020. The bill reduces the number of schedules from nine to five. It also locks in rates through 2025 – currently Schedule E that will become the new Schedule C. After 2025, the bill sets trigger amounts that could move the rates up or down based upon the balance of the trust fund. Chamber position: Support The latest: No testimony was taken. The amendment from Sen. Phil Boots (R-Crawfordsville) got the bill in the form as listed above. Senator Karen Tallian (D-Portage) asked to offer two amendments. The first would increase the wage base by $500 (currently at $9,500 for SUTA, the state tax unemployment insurance tax). The Indiana Department of Workforce Development (DWD) believes this would generate an additional $20 million in taxes from employers. The second amendment would increase the wage base multiplier from .47 to .53. Currently, a totally unemployed, eligible claimant’s weekly benefit amount (WBA) is computed by dividing his/her total base period wages by 52. That number is then multiplied by .47 to arrive at a WBA with a maximum of $390. DWD believes that this would cost almost an additional $2 million to employers. Senator Tallian further stated that there had not been a benefit increase since 2005. But Sen. Boots did not allow either amendment. He didn’t disagree that it may be time for a benefit increase. However, the intent currently is to try to get the trust fund balance solvent. The Chamber agreed and had communicated those sentiments to the Senate sponsor, John Ruckelshaus. Subsequently, the bill passed the committee 9-0; it now moves to the Senate floor for second reading. Indiana Chamber action/commentary: In the Senate, we do expect there will be amendments for a benefit increase, but those amendments will not be successful. The bill is expected to pass the Senate easily. Meanwhile, Rep. Leonard has indicated that he will most likely concur when the bill returns to the House. Resource: Mike Ripley at (317) 264-6883 or email: [email protected] Education and Workforce Development QUICK HITS: Two Positive Bills, One Negative One Moving in Senate House Bill 1002 (Teacher Evaluations), authored by Rep. Anthony Cook (R-Cicero), was heard by the Senate Education Committee this week with the committee expected to vote on the bill next week. The Chamber testified in opposition to the bill alongside other education reform advocates, including the Institute for Quality Education and the Foundation for Excellence in Education. The measure removes a current state requirement that local school districts’ educator evaluation systems be based, in part, on “objective measures of student achievement,” including Indiana’s ILEARN assessments. This change would preclude schools from using student assessment results – both overall performance and learning growth – in gauging the effectiveness of their classroom teachers. The Chamber believes jettisoning objective data-driven measures altogether in favor of subjective measures like classroom observations by school principals sends the message that “results don’t matter” and sets a troubling precedent for future progress in Indiana education. It’s worth noting that about 98% of Indiana teachers are rated “effective” or “highly effective” by their administrators. Other policy advocates, including the National Council on Teacher Quality, have joined the Chamber in opposing the proposed change to teacher evaluations. House Bill 1009 (Various Welfare Matters), authored by Rep. Chuck Goodrich (R-Noblesville), passed the Senate Family and Children Services Committee this week on a vote of 9-0. The bill subsequently passed second reading by the full Senate. Supported by the Chamber, the measure provides that money earned by a student participating in a paid internship or related work-based learning experience does not impact the Temporary Assistance for Needy Families (TANF) and the Supplemental Nutrition Assistance Program (SNAP) benefits received by the student’s family. The Chamber believes work-based learning is key strategy in strengthening Indiana’s talent pipeline and supports removing barriers that could prevent students from engaging in these meaningful experiences. House Bill 1082 (Various Higher Education Matters), authored by Rep. Bob Heaton (R-Terre Haute), passed the Senate Education and Career Development Committee 13-0. Supported by the Chamber, the measure makes a number of technical changes to state financial aid programs, including increased flexibility that enables students eligible for the EARN Indiana work-study program to participate in full-time internship opportunities during the summer term.
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