Statehouse roundup: IndyGo fight is back, school bus safety bill is dead

As the end of the legislative session nears, some bills have already arrived on Gov. Eric Holcomb's desk and others have died as deadlines have passed.

Lawmakers are poised to finish up their regular business this week, but they will have to come back to handle redistricting once census numbers are released.

Here's where notable bills stand and what you may have missed at the Statehouse last week:

IndyGo bus rapid transit

Less than a week after Senate Bill 141 died in committee, the Senate voted on Monday, April 12, to add an amendment to a utilities bill requiring IndyGo to reimburse utility companies for the relocation of utilities related to projects.

House Bill 1191, which passed out of the Senate by a 33-16 vote the next day, is now in conference committee where lawmakers are working out the differences between the Senate and House versions of the bill.

The measure, if passed, would cost IndyGo millions. Senators who oppose the amendment say it's just another attempt to stop IndyGo's rapid transit system, which has faced several legislative challenges.

School bus stop safety

A bill that sought to curb the number of drivers who illegally pass stopped school buses has died.

So, Sen. Rick Niemeyer, R-Lowell, introduced Senate Bill 69. It was heavily amended in committee, but the latest version of the bill would have allowed law enforcement to issue tickets to the registered owner of a vehicle that passes a stopped bus. Many buses are outfitted with stop arm cameras, which take a photo of the license plate of the offending vehicle.

The push has come in the wake of an accident in northern Indiana that killed three children when a driver failed to stop for the bus the kids were crossing the street to board.

The Senate passed the bill 38-11, but it died in the House.

Holcomb's emergency powers

Both the House and Senate voted to override Gov. Eric Holcomb's veto of a bill that would transfer some emergency powers from Holcomb to lawmakers. The bill now becomes law.

House Bill 1123 allows legislative leaders to make the call on whether to bring lawmakers back for a special session if Holcomb declares an emergency. Plus, the bill requires the General Assembly to decide how federal stimulus money is spent if lawmakers are in session, and if not, for that spending to be reviewed by the State Budget Committee.

Seven department heads from the Holcomb administration had testified against the bill in committee.

Another bill that would limit Holcomb's rights is also on the way to Holcomb's desk. Senate Bill 263 would prohibit local governments and Holcomb from restricting the right to worship in-person during an emergency.

State budget

The Senate passed their version of the 2-year $35.8 billion state budget on Tuesday, April 13, with a 39-10 vote.

Senate Republicans dedicated more money for mental health resources and students living in poverty, and did not include a cigarette tax increase like the House's version did. It also includes money for police training to replace dollars that usually comes from the purchase of lifetime handgun carry permits. The permit would be free if their version moves forward.

The Senate budget proposal also includes $408 million in new dollars for K-12 schools through tuition support, slightly more than the House’s proposal for $378 million and Gov. Eric Holcomb’s proposed increase of $377 million.

Differences between the Senate and House version, plus any decisions on how to spend an extra $2 billion lawmakers just discovered they have, will be worked out in a conference committee.

Overweight trucks

The Senate passed House Bill 1190, which would allow more overweight trucks on Indiana roadways, on Tuesday, April 13, by a 30-19 vote.

Senate Transportation Committee chair Michael Crider, R-Greenfield, said the bill has been challenging for him. He introduced an amendment that specified weight limits for certain commodities and gave the Indiana Department of Transportation power to suspend the program.

The committee added the amendment, which also created a civil penalty for trucks that go off their approved route, to the bill by consent.

The House dissented with the changes made on the Senate side, so differences will have to be worked out in a conference committee with members from both chambers.

Nursing home visitation

Senate Bill 202 is headed to Gov. Holcomb's desk after passing unanimously out of both chambers. The legislation would require health facilities to allow visitation by family caregivers during states of emergency.

The proposed legislation would require affected health facilities, such as nursing homes, assisted living facilities and hospitals, to participate in an existing program that allows caregivers to visit and care for their loved ones. The essential family caregiver program debuted in Indiana in June, but facilities were not required to participate. Many family members of nursing home residents have voiced deep concerns about the impacts of isolation on their loved ones in nursing homes during the pandemic.

The bill also provides immunity for facilities participating in the program, except in cases of "gross negligence or wanton misconduct."

COVID-19 liability

A bill that provides additional COVID-19 liability protections for nursing homes and other health care providers is headed to Holcomb's desk after receiving final approval in the House Wednesday, April 14. The governor's office said he is reviewing the measure.

Supporters say the protections are needed to help health care facilities remain financially viable, but critics say the proposal goes too far in letting nursing homes off the hook for deaths and injuries caused by problems that preceded the pandemic, such as inadequate staffing.

Unemployment insurance fraud

Gov. Eric Holcomb signed a bill on April 8 that would penalize people for intentionally putting wrong information on their unemployment applications, even if they never received a payment from the state.

That's a change from current law, which only penalize people if they receive the payment.

While the bill's author, Rep. Daniel Leonard, said House Bill 1152 clarifies unemployment rules, opponents said it would hurt Indiana residents who are seeking unemployment.

The AFL-CIO and the Indiana Legal Services spoke out in opposition, arguing that it could penalize claimants who make honest mistakes when filing vouchers.

Landlord-tenant relations

Earlier this legislative session, both chambers voted to override Gov. Eric Holcomb's veto of Senate Enrolled Act 148, a 2020 bill that would prohibit Indianapolis from regulating relationships between tenants and landlords.

Lawmakers sent a so-called "fix" to Holcomb's desk, House Bill 1541, to narrow the scope of the act, and nix vague language that prohibits local governments from regulating "any other aspects of the landlord-tenant relationship."

In a win for tenants-rights advocates, House Bill 1541 was amended to also prohibit landlords from forcing tenants to sign away their rights in a waiver.

But, advocates say even if Holcomb signs the "fix," it leaves unsolved some of the problems created by the legislation.

Microchipping employees

Gov. Eric Holcomb has signed a bill that expands the definition of "employers" in an existing law that prohibits businesses from requiring the implantation of microchips in workers as a condition of employment.

House Bill 1156 was signed on April 8. The bill add local and state governments as employers subject to the prohibition.

The amended law applies to any state or any individual, partnership, association, limited liability company, corporation, business trust, or other governmental entity or political subdivision that has one or more employees.

School funding

While the budget bill will guide education spending for the two years ahead, several other pieces of legislation would deal with school funding for the rest of the current school year.

Nearly identical bills — House Bill 1003 and Senate Bill 2 — have been filed in the Indiana House and Senate, redefining “virtual student” for the remainder of the school year. Should either of them pass, the change would largely mirror a temporary fix made by Indiana’s State Board of Education in the fall to ensure schools aren’t hit with funding cuts in the midst of the coronavirus pandemic.

The hope for schools was that the bill ensuring traditionally in-person schools receive full funding for all students — even those receiving instruction virtually — would be passed in time for the annual spring “count day," on Feb. 1. That didn't happen, but Statehouse leaders said a fix would be passed, and promptly.

That finally happened last month and Gov. Eric Holcomb has signed it.

School choice

School choice will be expanded in Indiana this year — the question now is by how much.

While separate bills were filed with proposals to grow the state's already robust private school voucher program and create a new Education Scholarship Account option, both were wrapped into the state budget and that's where House Republicans — in favor of massive growth — will face off against their colleagues in the Senate, who are taking a more conservative approach.

The House proposal would raise income eligibility for a family of four to 225% of the amount required for the individual to qualify for the federal free or reduced price lunch program in 2022 and to 300% in 2023. That works out to roughly $110,000 and a little more than $145,000. It also eliminates tiers in the program, awarding all participating students the maximum award — 90% of state tuition support.

The Senate would limit the expansion in income eligibility and keep the tiers until the second year of the spending plan.

And the Senate ESA is capped at $3 million, compared to the $20 million in the House plan.

Debate also is likely over virtual school funding. The Senate would continue to fund students who receive more than half of their instruction online at 85%, while the House called for funding all students at 100%, even those that attend fully virtual schools.

School choice advocates have been lobbying for the change.

COVID-19 learning loss

House Bill 1008 would take $150 million from state reserves to establish a grant program for the upcoming summer, allowing schools and other groups to apply for cash to cover the expense of summer school.

It's expected that summer learning programs will be much larger than usual this year as schools look to help catch up students who've lost class time due to COVID-19. The pandemic has been interrupting instruction for the better part of a year now and early studies show kids are falling behind.

HB 1008, a priority bill for the House majority, has been passed by both chambers and is headed to the governor.

Protection of monuments

A bill that initially began as a move to protect monuments and statues from vandalism now includes greater penalties for rioting and awaits a signature from Gov. Eric Holcomb after passing both the House on Tuesday, April 6 and the Senate on Thursday, April 8.

The leaders of the Senate and House signed the bill on April 12 and April 13, respectively. It now heads to the governor.

In its final form, SB 187 directs state police to prioritize the investigation of those who riot or incite violence, destroy monuments or destroy religious property.

Iit also allows the state to withhold discretionary grant funding from local governments that fail to protect public monuments from destruction.

It also absorbs the enhanced penalties for rioting from SB 198, making rioting a Level 6 felony if it results in serious bodily injury or property damage between $750 and less than $50,000. Rioting is a Level 5 felony if it results in catastrophic injury, death or property damage of at least $50,000.

Abortion 'reversal'

Under House Bill 1577 abortion clinics would have to provide information in writing about Progesterone, a drug some anti-abortion groups say can reverse medically-induced abortions, as long as a mother has only taken one of the two required abortion pills.

Not everyone agrees the science behind the reversal pill is sound, including the American Congress of Obstetricians and Gynecologists.

House Bill 1577 also would require parents to take an additional step when they write to consent to their minor receiving an abortion: That consent would need to get notarized.

The House concurred with changes made by the Senate by a 63-25 vote on Wednesday, April 14. It now goes to Holcomb for consideration.

Marion County zoning

Senate Bill 392 would give the four excluded cities and towns of Marion County — Lawrence, Speedway, Southport and Beech Grove — the power to rezone land for various uses. After some procedural steps, the bill will head to the governor's desk.

The latest amended bill requires the excluded municipalities to conduct a hearing on any proposed amendment to a zone map within the excluded territory. Those excluded cities and towns would now have the power to make the decision regarding changes to the zoning map, rather than the city and county.

That's good news for cities like Lawrence, which has had re-zoning issues with the consolidated city in the past.

The bill initially required all Marion County townships to have a say in the zoning appeals process, a more sweeping proposal that met pushback from Indianapolis over concern of individual township ability to hear such matters.

5G cell towers

A bill that would ultimately lessen restrictions on 5G cell poles has been returned to the House with amendments. The House filed a motion to concur on Thursday, April 15, meaning it's likely to head to the governor's desk.

House Bill 1164, sponsored by Rep. Ethan Manning, R-Denver, would limit a city’s ability to restrict poles. That’s bad news for Indianapolis, which has been using one complicated loophole to deny poles in various neighborhoods.

The bill states that cities can only prohibit a new 5G pole in a public-right-of-way if no above-ground wireless support structure, utility pole or other utility superstructure already exists above ground in an area that was designated strictly for underground utilities before May 2017.

Poles for 5G internet that were previously approved in underground designated areas do not count as an existing above-ground infrastructure, a relief for neighborhoods that previously only had underground utilities until 5G poles were erected.

Small cell towers, or 5G poles, have drawn the ire of many Indianapolis residents who have seen them erected in public rights of way right in front of their homes.

A bill sponsored by Democrat Sen. J.D. Ford, D-Indianapolis, to give communities and local governments more input and regulations for wireless providers died without a hearing. Senate Bill 225 was drafted in response to many constituent concerns and confusion over 5G poles erected in neighborhoods.

Indy Eleven

A bill from Sen. Jack Sandlin, R-Indianapolis, to extend the deadline for a new Indy Eleven stadium was signed by Holcomb on Thursday, April 1.

Senate Bill 385 will give the city two more years to establish a special taxing district to help pay for the soccer stadium, moving the deadline from 2022 to 2024.

Obstructing police

A bill carrying heavier penalties for obstructing emergency vehicles has also died this session after failing to be heard by the House committee on Courts and Criminal Code ahead of the April 8 deadline.

Senate Bill 194 would have given a felony six charge to any person blocking an emergency vehicle. It applied to any vehicle using a visual or audible emergency signal, responding to an emergency call or in pursuit of a suspect. It also applied to people blocking the entry to a building that provides emergency medical services.

The charge would have been a stricter Level Five felony if the offense results in catastrophic bodily injury or death.

The bill, proposed by Sen. Scott Baldwin, R-Noblesville, also carried a harsher level 5 felony sentence if the act causes catastrophic injury or death.

The bill passed the Senate floor 45-2 on Feb. 2, with Democratic Sen. Jean Breaux and Sen. Lonnie Randolph voting against it.

The committee pulled language from the bill that would have made it a misdemeanor to provoke a public safety official to commit battery, citing constitutional issues.

Rioting

A comprehensive bill on rioting will has died after failing to pass out of the House Rules and Legislative Procedures committee.

Senate Bill 198 enhanced penalties for rioting, making it a felony if it results in property damage of at least $750, bodily injury or death. The legislation also allowed businesses to sue cities like Indianapolis for damages incurred during a riot if the city recklessly failed to suppress the unlawful assembly.

It's one of several pieces of legislation filed in response to the protests in downtown Indianapolis last spring.

The bill also required a bail hearing for any person arrested during an unlawful assembly, and allowed the government to seize property used for a crime during an unlawful assembly.

The bill passed the Senate 37-8, with seven Democrats and Republican Jon Ford, R-Terre Haute, voting against.

Veterans benefits

Holcomb signed Senate Bill 316 Thursday, April 15.

The act expands the number of veterans who are eligible for benefits from the Military Family Relief Fund by including anyone who is not dishonorably discharged.

Some veterans groups were opposed to the language because they say it lowers standards to include Bad Conduct discharges and Other Than Honorable discharges. Proponents though, say they just want to help more Hoosier veterans.

The bill also enables money to be used from the fund for its own administration.

Local COVID-19 restrictions

A bill that could make it more challenging for health departments such as the one in Marion County to keep planned COVID-19 restrictions in place, passed the House floor on Tuesday, April 6, by a 65-28 vote.

Senate Bill 5 was amended to prohibit local health officials from implementing more stringent restrictions than the state during an emergency order, unless those restrictions are approved by either the local city council or county legislative body.

The Senate voted to dissent with the changes made on the House side, so the final details of the bill still needs to be worked out in a conference committee.

Driver's license suspensions

A bill that looks to change how driver's license suspensions work took another step toward passage on Tuesday, April 6, when the bill's author agreed with changes made in the Senate. The House unanimously concurred two days later

House Bill 1199 from Rep. Wendy McNamara, R-Evansville, looks to make it easier for Hoosiers to get back on the road legally if their driver's license was suspended for economic reasons.

About 330,000 Hoosiers had an active driver's license suspension in 2019, according to Chris Daniels of the Indiana Prosecuting Attorneys Council. He said most of those suspensions are for economic reasons.

The bill now heads to the governor's desk, where there's little doubt about what will happen next. Making it easier to reinstate licenses was on Gov. Eric Holcomb's agenda for this legislative session.

'Constitutional carry'

Republican Senate leaders declined to give a committee hearing to a so-called 'constitutional carry' bill that would have nixed carry permits for handguns in Indiana. That means the bill is dead.

Under House Bill 1369, the license would have been eliminated in March 2022. Certain offenders would have still been prohibited from carrying handguns. The bill would have required state police and the Bureau of Motor Vehicles to develop a process to enable law enforcement to quickly check whether someone is prohibited from carrying a handgun.

Money was included in the Senate's version of the budget to make the lifetime carry permit free.

Pregnancy accommodations

Holcomb, a Republican, has been pushing lawmakers to pass legislation to force businesses to make certain pregnancy accommodations for women for years.

House Bill 1309 would require businesses to respond in writing in a timely fashion to pregnancy-accommodation requests made by women, but it does not require them to grant those requests. The Senate passed the bill Tuesday, April 6, by a 31-19 vote. It now heads to Holcomb's desk for consideration.

Many advocates consider the bill to be a watered down effort that would offer little true support for women. It's not exactly what Holcomb had in mind, either, but he indicated he would sign it.

City name changes

A proposal that would have made it more challenging for some cities to change their names is now dead after it never received a committee vote in the House Local Government committee.

Senate Bill 130 would have required those interested in changing the name of cities named in Indiana's Constitution or Indiana Code to obtain a certain number of signatures on a petition. If a city's governing body wants to move forward, the question can be taken to voters as a public question on the ballot.

The bill previously passed the Senate by a 36-11 vote.

Ballot access

A Republican-backed bill that would have made it more challenging for third party candidates to get on the ballot in Indiana died in February after it was pulled from the House calendar. House Speaker Todd Huston said the bill author thought it needed more work, and to not expect to see it again this session.

House Bill 1134 was written so narrowly it would have only applied to Libertarian candidates, based on past election results. The bill would have required candidates from parties that receive between 2% and 10% of the vote in the secretary of state race to acquire at least 4,500 petition signatures, including 500 from every Congressional district, to be included on the subsequent general election ballot for governor and U.S. Senate.

Housing standards

Within days of the publication of an IndyStar story on ethical issues surrounding a housing standards bill, it was pulled from the House calendar.

House Bill 1114, authored by Elkhart Republican and home builder Rep. Doug Miller, would have banned community architecture design requirements, a proposal that could save him and others in his profession thousands of dollars. Miller said the bill was intended to help increase affordable housing options.

House Speaker Todd Huston said it was pulled due to a lack of support.

Robot delivery devices

Gov. Eric Holcomb signed a bill that opens the door to autonomous delivery devices in Indiana into law on Thursday, April 1.

House Bill 1072 creates a framework for local governments that want to allow the technology, which remains largely in development phases.

FedEx and Amazon are both developing their own robots. They supported the bill. Purdue University uses the devices for deliveries on campus.

De-escalation training for police

Gov. Eric Holcomb signed into law Thursday, April 1, House Bill 1006, which puts in statute requirements for police to be trained on de-escalation tactics and requires prospective employers to request an officer’s employment record from the officer’s previous agency.

It also establishes a procedure allowing the Indiana Law Enforcement Training Board to decertify an officer who commits misconduct, prohibits chokeholds under certain circumstances and criminally penalizes an officer who turns off a body-worn camera in an attempt to conceal criminal behavior.

The bill also allots $70 million to repair and update the Indiana Law Enforcement Academy's training facility.

Authored by Rep. Gregory Steuerwald, R-Danville, HB 1006 passed through both chambers with unanimous support.

Police use of force

An amended version of Senate Bill 311, authored by Sen. Scott Baldwin, R-Noblesville, did not receive a House committee hearing by the April 8 deadline.

The original version of SB 311 aimed to prohibit municipalities from banning or restricting use of force options, like chokeholds. It also would have allowed officers to disregard the department's use of force continuum "based upon the officer's determination of what is reasonable and necessary under the totality of the circumstances."

Public safety budgets

A bill that aimed to limit when local governments can reduce public safety funding was defeated on the Senate floor Feb. 15. The bill, authored by Sens. Mike Bohacek, R-La Porte, and Dennis Kruse, R-Auburn, died by a vote of 37-9.

A similar House Bill, HB 1327, authored by Rep. Jeff Ellington, R-Bloomington, was never scheduled for a committee hearing.

Police department administration

Senate Bill 394, authored by Sen. Aaron Freeman, R-Indianapolis, and Sen. Jack Sandlin, died in committee Feb. 16. The bill would have given police chiefs "the sole authority to make general or special orders to the police department establishing the department's procedures and policies, including use of force policy."

The proposal was in response to Indianapolis' creation of a civilian-majority General Orders Review Board. Critics of that board say civilians aren't equipped to have such say in police department policy.

Law enforcement officer misconduct database

Authored by Sen. Eddie Melton, D-Gary, Senate Bill 110 would require the state’s law enforcement training board to create a misconduct database that gives the public access to information regarding disciplinary actions against police officers.

The bill died on the Senate floor.

IMPD oversight board

Senate Bill 168, which would have created a state oversight board for IMPD, was referred to summer study earlier this session. That means the bill, authored by Sen. Jack Sandlin, R-Indianapolis, and two other Republicans, won't get a chance to become law this session.

The original proposal called for the governor to appoint four people to a board with controls over IMPD, with the mayor of Indianapolis serving as a fifth member. The board would "adopt, amend and enforce municipal ordinances, resolutions and rules pertaining to the administration of IMPD" as well as serve as the agency's merit board and appoint the police chief.

An amendment changed who would appoint the board members, with the governor getting just one appointment, and one appointment each to the Senate president pro tempore, House speaker and the Indianapolis City-County Council president.

Call IndyStar reporter Kaitlin Lange at 317-432-9270. Follow her on Twitter: @kaitlin_lange.

Contact IndyStar transportation reporter Ethan May at [email protected] or 317-402-1058. Follow him on Twitter: @EthanMayJ.

This article originally appeared on Indianapolis Star: Statehouse roundup: IndyGo fight is back, school bus safety bill is dead

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