Legislative Update 120th General Assembly Friday, March 16, 2018

Week Eleven Overview

Happy Sine Die! Our team is honored to have represented you this session. Both the Senate and the House adjourned for the last time this year on Wednesday, March 14, 2018. It was a late night at the statehouse on Wednesday as lawmakers rushed to get bills passed and ultimately ended with a number of key bills left on the table. The chaotic close came after the Senate and House spent considerable time in closed door meetings and spending hours on the floor celebrating and honoring retiring lawmakers in the final days of session. The Senate even adjourned for the day on Tuesday afternoon, making it among the first sessions in legislative history where the Senate did not consider any conference committee reports until the final day of session.

A Chaotic End to the 2018 Legislative Session

With a quickly approaching deadline, lawmakers rushed to finish committee reports in time for a final vote on the floor. As the deadline neared with only five minutes left on the clock, Governor Holcomb entered the Senate chamber and made an unprecedented move proposing to extend the session by one hour to 1:00 a.m. Thursday. While President Pro Tem, David Long initially accepted the extension, he ultimately declined the Governor’s proposal after Minority Leader Tim Lanane objected. With bills still making their way through the House Rules and Legislative Procedures Committee when the clock struck midnight, the House was unable to cast a final vote for the bills that passed out of the Senate just moments before.

Among the bill that were still on the table when the clock struck midnight, and therefore died, were measures that would have provided extra funding for school safety, allow for driver-less cars, increase gun rights, and make adjustments to the tax system. Another major bill that died was one that would have allowed Ball State University to take over Muncie schools.

2018 Legislative Session By the Numbers

There were a total of 901 bills introduced this session with 130 House bills and 172 Senate bills surviving the first third reading deadline. After the final third reading deadline 112 House bills and 115 Senate bills were still alive. In total 212 bills, 101 House bills and 111 Senate bills, passed the legislature. A total of 23% of all proposed bills will see the governor’s desk.

Points of Interest

In his 2018 Next Level Agenda, Governor Eric Holcomb outlined his top five priorities he wanted to see accomplished during the 2018 legislative session. Those priorities and the bills addressing those priorities are as follows:

Cultivate a Strong and Diverse Economy by focusing on attracting new talent, supporting our growing tech sector, preparing for next generation technologies and opportunities, and encouraging sustainable regional development.

Senate Enrolled Act 172, Computer Science, Senator , (R), and Senator , (R), requires schools grades K-8 to incorporate computer science classes into the science curriculum and as an elective for grades 9-12. The Act includes funding to train teachers on how to educate students on computer science. During the 2016-2017 school year, only 222 out of 525 Indiana high schools offered any computer science courses. Computer science skills are in high demand for today’s jobs and are critical for the future generations. This Act emphasizes this importance and strives to ensure students are prepared for tomorrow’s job market. The Senate voted on the bill for the last time last week passing by a vote of 35-0. The Act is now making its way to the Governor’s office to be signed into law.

Maintain and Build the State’s Infrastructure by better managing the state’s water resources, expanding the global economic presence with a fourth port, and improving broadband access, speed and affordability where it’s needed most.

House Enrolled Act 1065, Broadband Grants and High Speed Internet Service, Representative , (R), connects rural residents of Indiana by defining the standard speed of broadband internet and incentivizing internet service providers to enter rural, typically less profitable, parts of the Hoosier state and authorizes the Indiana Utility Regulatory Commission to study broadband expansion and tools that may be used to assist in its deployment. The Act’s key focus is on expanding broadband internet services to rural areas. On the last day of the legislative session, the final committee report was adopted by the Senate by a vote of 46-2, and was passed by the House 94-1.

House Bill 1267, Water Infrastructure Taskforce, Representative , (R), would have established a Water Infrastructure Taskforce to develop a long-term plan for addressing drinking water and wastewater needs in Indiana. The final language was not voted in the Senate, before the deadline, and therefore is dead.

House Bill 1341, Autonomous Vehicles, Representative Soliday, (R), would have established safety guidelines and regulations for self-driving vehicles in Indiana. Currently, fully autonomous cars are illegal in the Hoosier state; HB 1341 would have allowed their production and use on public roads as long as the vehicle complies with state and federal laws. The House and Senate were unable to reach a compromise before the deadline and the bill died.

Develop a 21st Century Skilled and Ready Workforce to provide Hoosier children with an education that prepares them for life after high school, ensures that students graduate from high school set on a pathway that prepares them for college, career training or a quality job, and connects working-age adults to education and training that leads them directly to employment aligned with industry needs.

Senate Enrolled Act 50, Governor’s Workforce Cabinet, Senator Douglas Eckerty, (R), Senator , (R), and Senator , (R), replaces the state’s Workforce Innovation Council with a new Governor’s Workforce Cabinet, which will oversee job training efforts throughout the state and would create a career navigation and coaching system that all Indiana high school will be required to participate in. It also makes certain grants for job training immediately available. Governor Holcomb believes the bill will strengthen tools to quickly prepare Hoosiers for high-demand, high-wage jobs.

After concern was raised, regarding the make-up of the board and that Indiana’s statute might not conform with federal grant requirements, lawmakers inserted language into the bill giving Governor Holcomb additional leeway to meet federal requirements if the state cannot obtain a waiver. With this language, the final committee report was adopted by the Senate by a vote of 39-9, and was passed by the House by a vote of 67-30.

House Enrolled Act 1002, Workforce Funding and Programs, Representative , (R), strengthens Indiana’s workforce by adding financial support for students who wish to complete training in technical career fields. After re- evaluating Indiana’s work-force related programs using return-on-investment metrics in 2017, Governor Holcomb and lawmakers made a push towards creating opportunities for students in technical fields, which are in high-demand across the state. The Act expands the governor’s workforce ready grant program and allows the Legislative Services Agency to regularly review the State’s workforce programs and increase training grants.

HEA 1002 went to conference committee last Thursday after the author filed a dissent on Senate amendments that had been added to the bill. On Wednesday, conference committee reports for the Act were filed and adopted in both chambers. The house adopted the Act by a vote of 99-0, and passed by the Senate 48-0.

House Enrolled Act 1426, Education Matters, Representative , (R), combines Indiana’s four diplomas into a single diploma with four “designations” that mirror current diploma tracks. Additionally, it changes the requirements for getting a graduation waiver and creates an “alternate diploma” for students with severe special needs. The Act allows the State Board of Education to consider alternatives to Algebra 2, and makes several changes to state tests. Both chambers adopted the Conference Committee Report on Wednesday, and the Act awaits a signature from Governor Holcomb before its passage into law.

Attack the Drug Epidemic by strengthening enforcement, expanding recovery options, and making it easier for Hoosiers to access treatment. Most importantly, focus on accurately assessing the scale of the epidemic, statewide, through improved reporting of drug overdose deaths across the state.

Senate Enrolled Act 221, INSPECT Program, Senator , (R), Senator , (R), and Senator Joseph Zakas, (R), requires prescribers to check INSPECT, Indiana’s prescription drug monitoring system, before prescribing opioids to a patient. The Act intends to prevent patients from doctor shopping and prevent pharmacies from dispensing opioids after a prescription has been dispensed at another pharmacy. The Act was returned to the Senate and the original author concurred to the House changes and passed the Act by a vote of 49-0.

Senate Enrolled Act 139, Investigation of Overdose Deaths, Senator James Merritt, (R), Senator Ed Charbonneau, (R), and Senator John Ruckelshaus, (R), requires a coroner to obtain information about the deceased from INSPECT if they reasonably suspect that the death was caused by an accidental or intentional overdose of a controlled substance. The Act requires coroners to forward test results from the deceased to the Indiana Department of Health providing notice of the death and information about the controlled substance that may have been involved. The measure passed out of the House with amendments by a vote of 95-0 and was concurred by the Senate, passing 46-3. The Act now awaits the Governor’s signature.

House Enrolled Act 1006, Broadening Criminal Justice Treatment Options, Representative Gregory Steuerwald, (R), is a step forward in Indiana lawmakers’ and Governor Holcomb’s goal of addressing the opioid epidemic in Indiana. From 2015-2016, the Hoosier state experienced a 52% increase in opioid overdose deaths. The Act addresses this statistic by expanding treatment options for the Mental Health and Addiction Division of the Family and Social Services Administration to include mental health and addiction forensic treatment services to individuals who are charged with a misdemeanor and meet specific eligibility criteria. After passing both chambers, Governor Holcomb signed the Act into law on Tuesday.

Similarly, House Enrolled Act 1007, Mental Health Access, Representative Cindy Kirchhofer, (R), allows the state’s Division of Mental Health and Addiction to add nine hospital-operated opioid treatment programs. The Acts goal is to ensure that each Hoosier will be no more than an hour’s drive from a treatment center. Additionally, the Act streamlines licensure and credentialing for mental health professionals. The Act currently awaits Governor Holcomb’s signature after passing both chamber unanimously.

House Enrolled Act 1180, EMT Use of Injectable Epinephrine, Representative Kevin Mahan, (R), establishes training protocol and certification standards for EMT’s who may be required to administer epinephrine in the event of a drug overdose. The Act passed through both chambers without being amended and was signed into law by Governor Holcomb on March 8th.

House Enrolled Act 1359, Drug Dealing Resulting in Death, Representative Gregory Steuerwald, (R), sharply increases penalties for manufacturing or dealing drugs when it results in the overdose death of a user. The Act passed through both chambers without amendments. On Tuesday, dozens of protestors marched to the Governor’s office requesting he veto the bill. The group expressed concerns over the effect this legislation could have on their communities. Despite the protest, Governor Holcomb stated that he intends to sign the bill in the days to come.

Deliver Great Government Services by establishing a single online portal/sign-in to streamline and simplify online interactions between citizens and the state government. Improve the management and delivery of large-scale information.

House Enrolled Act 1003, Streamlining Agency Reporting Requirements, Representative Doug Gutwein, (R), and House Enrolled Act 1004, Various State and Local Government Streamlining Matters, Representative Sally Siegrist, (R), builds on the momentum of Indiana being ranked the top state for government administration by the U.S. News & World Report in 2017. These Acts intend to increase government efficiency by creating faster and less complex methods of agency and department reporting.

For HEA 1003, the House concurred in Senate amendments with a vote of 87-0 and has been signed by the Speaker of the House, the President Pro Tempore and the President of the Senate. HEA 1004 was signed into law on Wednesday by Governor Holcomb after the House concurred in Senate amendments with a vote of 91-0 and acquired signatures from the President Pro Tempore and the President of the Senate.

House Enrolled Act 1317, Health Matters, Representative , (R), covers a wide range of health related issues and stands to lift a lifetime ban on food stamps for drug felons. Under current law, Indiana is one of only four states that prevent individuals with a prior drug felony conviction from receiving SNAP benefits, even if they otherwise qualify. The provision to lift the ban was amended into the bill from Senate Bill 11. On Wednesday, the House adopted the Conference Committee Report with a 95-3 vote. The Senate followed on Thursday, adopting the report 36- 13, and is now headed to the Governor’s office.

In addition to mimicking many of the same priorities as Governor Holcomb, the House and Senate added the following priority items to their respective 2018 legislative agendas:

Support Indiana Schools by increasing school funding to account for higher-than-expected enrollment rates and adjust Indiana’s diploma system to make sure all high-school graduates are counted in Indiana’s federal graduation rate.

House Enrolled Act 1001, Education Funding, Representative Sally Siegrist, (R), supports Indiana’s public school system by providing excess funds in the event that the K-12 state tuition fund exceeds the appropriated amount. The additional funding would be transferred from the K-12 tuition reserve account to the state general fund. The Act also creates reporting requirements for online educational programs and requires students to be at least five years by August 1st of the school year before entering kindergarten. The Act passed unanimously, after being negotiated in conference committee and now awaits the signature of the Governor.

Reform Civil Forfeiture Laws and balance to law-enforcement needs and property owners’ Constitutional rights.

Senate Enrolled Act 99, Civil Forfeiture, Senator , (R), and Senator Eric Bassler, (R), increases due process protections for property owners whose property is seized as part of a civil forfeiture action. This measure was signed by Governor Holcomb on Tuesday, March 13th. Among the most significant changes that this piece of legislation makes is its requirement for a court to find probable cause to support property seizure within seven days of law enforcement seizing the property. It also adds hardship provisions for “innocent owners” or people who lend their property to someone else without knowing it will be used for illegal purposes.

Allow Sunday Alcohol Sales by acting on the recommendations of the Alcohol Code Revision Commission to allow the carryout sale of alcohol on Sundays in Indiana.

Senate Enrolled Act 1, Sunday Carryout Sales, Senator , (R), lifted the ban on Sunday alcohol sales in Indiana meaning Hoosiers can now purchase alcohol on Sundays from noon to 8:00 p.m. The Act received wide support from all interested parties after an alliance was made between liquor stores and retail council to allow Sunday alcohol sales but killing the proposed legislation expanding cold beer sales.

Session Highlights

School Safety

House Bill 1230, School Safety, Representative Wendy McNamara, (R), would have significantly bolstered school safety in Indiana. The bill sought to add money to the Indiana Secured School Fund, offer low-interest loans to schools for security updates, and called for the Indiana Department of Education to audit school safety measures. While the Senate managed to adopt the conference committee report in the final minutes of the 2018 legislative session, the deadline closed before the House could vote on the final version of the bill. While the bill died, lawmakers are optimistic that provisions of the bill can find a home in existing bills or revisited during next year’s legislative session.

Guns and CBD Oil

House Bill 1214, Low THC Extract, Representative William Friend, (R), was the subject of a “strip and insert” procedure near the end of the 2018 legislative session. The original provisions of the bill sought to regulate the sale of low THC extracts derived from hemp which was replaced with language regarding handgun regulations. While the THC extract and CBD oil language was removed from HB 1214, identical language is in Senate Enrolled Act 52, Low THC Hemp Extract, Senator Michael Young (R) and Senator James Tomes (R), which passed both chambers and awaits a signature from Governor Holcomb. Because the CDB oil language was already making its way to the Governor’s office, HB 1214 became a “vehicle” to get gun language that previously died back on the table. The language that was inserting into HB 1214 sought to provide for free lifetime handgun licenses and permit carrying a handgun in church. Ultimately, HB 1214 died on Wednesday night as lawmakers failed to reach a compromise before the final deadline of the legislative session.

DCS Legislation

Of the 14 bills that were proposed addressing concerns related to the Department of Child Services, eight were approved, three of which have already been signed by Governor Holcomb. These measures address constituent a lawmakers concerns regarding children in foster care and DCS practices.

The following DCS measures have been signed by Governor Holcomb:

Senate Enrolled Act 184, Maximum Number of Foster Children, Senator Andy Zay, (R), Senator Jon Ford, (R), and Senator Mike Bohacek, (R), increases the number of children a foster home may have from five to six. The Act received unanimous support from both House and Senate and will take effect on July 1, 2018.

Senate Enrolled Act 233, Foster Parents Bill of Rights, Senator Jon Ford, (R), Senator Ronald Grooms, (R), and Senator Mike Bohacek, (R), requires DCS to collaborate with foster parents and child placing agencies to develop a statement of rights and responsibilities of foster parents. The Act received unanimous support from both House and Senate. The measure will take effect on July 1, 2018.

Senate Enrolled Act 381, Children in Need of Services, Senator , (R), Senator Mike Bohacek, (R), and Senator , (R), designates as a child in need of services a minor who is a victim of offenses such as battery or strangulation or lives in a household with an adult convicted of a similar offense against another child in the home and is unlikely to receive the necessary care, treatment or rehabilitation without the intervention of the court. The Act received unanimous support from both House and Senate. The measure will take effect on July 1, 2018.

The remaining bills have all been passed by the and await the Governor’s action:

Senate Enrolled Act 128, Change of Placement of a Child in Need of Services, Senator Randall Head, (R), and Senator Erin Houchin, (R), requires DCS to file a motion requesting a change in placement and provide notice before changing the out-of-home placement of a child who has been in one location for at least a year. Also requires the juvenile court to hold a hearing if the person with whom the child is placed filed an objection to the motion. The Act received unanimous support from both House and Senate.

Senate Enrolled Act 135, Department of Child Services Notifications for Schools, Senator Mike Bohacek, (R), Senator Andy Zay, (R), and Senator Erin Houchin, (R), requires DCS notify the school if the child is removed from the home. The Act received unanimous support from both House and Senate.

Senate Enrolled Act 428, Department of Child Services, Senator Andy Zay, (R), Senator Mike Young, (R), and Senator Ronald Grooms, (R), requires DCS to describe in a child’s case plan any efforts made to coordinate with school officials and to provide information to the court if a caregiver may have violated a dispositional order. The Act received unanimous support from both House and Senate.

House Enrolled Act 1314, Students in Foster Care and Homeless Students, Representative Dale DeVon, (R), requires the State Board of Education to collaborate with departments of Education and Child Services in preparing a report on the educational outcomes of youths in foster care. The final conference committee report was adopted by the Senate Wednesday night by a vote of 47-1, and passed the House by a vote of 98-0.

House Enrolled Act 1406, Department of Child Services, Representative , (R), clarifies the collection of past due annual support fees and allows for the collection of child support payments in cash and to recoup overpayment of child support. Also allows DCS to initiate an action to determine paternity. The Act received unanimous support from both House and Senate.

Please feel free to contact a member of our legislative team should you have questions regarding the happenings in the Indiana General Assembly!

Brian Burdick Joe Loftus Office: (317) 231-7393 Office: (317) 231-7213 Email: [email protected] Email: [email protected]

Bill Moreau Sabra Northam Office: (317) 231-7349 Office: (317) 231-7323 Email: [email protected] Email: [email protected]

Heather Willey Jake German Office: (317) 231-6448 Office: (317) 231-7538 Email: [email protected] Email: [email protected]

Steve Wolff Garrett Welch Office: (317) 261-7845 Office: (317) 231-6453 Email: [email protected] Email: [email protected]

Chelsea Princell Office: (317) 231-6451 Email: [email protected]