Statehouse Update 2
Introduction
The second week of the 2021 Legislative Session has been filled with committee hearings, as well as the continued introduction of bills. This week, the House and Senate introduced nearly 500 bills, bringing the current total for this session to just over 900 bills.
On Wednesday, the Governor’s budget proposal for the next biennium was presented to the State Budget Committee. Key features of the Governor’s proposal include maintaining a balanced budget, restoring the state's reserves, and a $377 million dollar budget increase for K-12 over the next two years. The Governor’s proposal also adds 1% each year above the FY21 operating appropriation for higher education. This introductory version of the budget also includes operating and other costs for state educational institutions, including Ball State University. The bill as proposed would leave Ball State’s operating appropriation down about 2% in the first year of the biennium and about 1% in the second year. It is important to note that this is a starting point for the budget discussion, and further amendments are expected.
The Governor’s budget has been introduced in the House as HB 1001, and has been referred to the House Ways and Means Committee. The Committee will begin its formal process of hearing testimony from state agencies before amending the budget to reflect House priorities.
The Committee must amend and pass their version of the budget no later than Tuesday, February 16. The bill will then go to the full house for consideration before moving on to the Senate to go through a similar process.
Please see below for a list of bills being tracked by Ball State Governmental Relations that have either been introduced or have moved during the last week. As always, if you have any questions, please reach out to our office at gov@bsu.edu
Introduced Bills
House Bills
HB 1001 – Biennial budget: The bill appropriates money for capital expenditures, the operation of state agencies, K-12 and higher education, the delivery of Medicaid and other services, and various other distributions and purposes. Included in the bill are Ball State’s operating appropriation, line items, and funding for repair and rehabilitation. Currently, the governor’s budget includes modest increases in operating appropriations for higher education, but does not include increases to line items or any capital projects funding for higher education institutions.
HB 1250 - Rioting: The bill removes immunity under the Indiana tort claims act for the failure to enforce a law if the failure to enforce the law: occurs in connection with an unlawful assembly; and constitutes gross negligence. Requires a person convicted of a battery against a law enforcement officer, firefighter, or emergency medical services provider to: serve a mandatory minimum sentence of 30 or 90 days, depending on the severity of the injury; and make restitution to the victim. Defines "tumultuous conduct" and "unlawful assembly" for purposes of the rioting statute, and requires a person convicted of rioting to: serve a mandatory minimum sentence of 30 days; and make restitution to the victim. Makes unlawful camping on state capitol and related property a Class A misdemeanor. Allows for the civil forfeiture of property that is used by a person to finance a crime committed by a person while a (lawful or unlawful) protest was taking place. Adds enhanced penalties to the crimes of: rioting; criminal mischief; intimidation; and disorderly conduct. Adds a sentence enhancement to battery committed while a (lawful or unlawful) protest was taking place. Defines "defunding law enforcement" and allows a person to bring an action to enjoin a local unit from defunding law enforcement.
HB 1251 - Educational costs exemption: The bill provides that an applicant is not eligible for educational costs exemptions for any courses taken by the applicant after the applicant has sufficient credit hours to obtain a baccalaureate degree from a state educational institution. Repeals a provision that limits the educational costs exemption amount for a person whose parent enlisted or initially served in the armed forces after June 30, 2011, based on the percentage of the parent's disability rating.
HB 1258 - Civil immunity related to COVID-19: The bill provides that a person or the person's agent who conducts business in Indiana is not liable in a civil action claiming an injury from exposure or potential exposure to COVID-19 if the act or omission alleged to violate a duty of care of the person or agent was committed
HB 1295 - Elimination of gun-free zones: The bill provides that beginning July 1, 2021, the state of Indiana may not regulate: (1) firearms, ammunition, and firearm accessories; and (2) the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories. Specifies certain exceptions.
HB 1315 - Electronic meetings: The bill provides that after December 31, 2020, and before January 1, 2022, a governing body of a state or local public agency may conduct any meeting of the governing body without any of its members physically present, if the members communicate with each other and the public by an electronic means of communication and comply with the other requirements of the open door law.
HB 1370 – Free speech on college campuses: The bill provides that each postsecondary educational institution that receives funding from the state may not: exclude a student from participating in or receiving benefits from; or subject a student to discrimination or an official sanction under; an educational program, activity, or division of the postsecondary educational institution on the basis of participating in a protected association. Describes the manner in which state and private postsecondary educational institutions must submit statements of compliance with freedom of speech and association rights to the commission for higher education. Provides that a state university that accepts federal funds may not: subject a student of the state university to a disciplinary sanction solely on the basis of the student's expressive activity or other communication that, when engaged in outside of the campus of the state university, is protected from governmental restriction by the First Amendment of the Constitution of the United States; retaliate against an employee of a state university who acts to protect a student engaged in expressive activity or communication or refuses to infringe upon expressive activity or communication; or subject state university campus media to prior restraint or prepublication approval, subject to certain exceptions.
HB 1382 - Student ID card: The bill requires each approved postsecondary educational institution to issue to each of its students a student ID card that contains all the information on the card that makes the card an acceptable proof of identification under Indiana election law.
HB 1387 - Prohibited expenditures and investments: The bill prohibits: (1) the use of public funds to subsidize or otherwise incentivize direct flights from international and regional airports in Indiana to or from China; (2) the Indiana public retirement system from investing in Chinese companies; and (3) the Indiana economic development corporation from maintaining a foreign office in China.
HB 1397 - Technical trainings and workforce development: The bill provides that the governor's workforce cabinet may establish a course catalog that shall list all: (1) work based learning, pre-apprenticeship, and apprenticeship opportunities in Indiana; and (2) providers that are eligible to receive high value workforce ready grants.
HB 1437 - Electronic communication at public meetings: The bill allows, with certain exceptions, a governing body of a political subdivision (except for an airport authority or a local department of aviation) to allow its members to participate in a meeting of the governing body by any means of electronic communication if: (1) the public agency adopts a written policy establishing the procedures for electronic participation; and (2) the means of communication permits simultaneous communication between the members and allows the public to attend and observe the meeting.
HB 1511 - Hazing: The bill requires: (1) a postsecondary educational institution; and (2) a national organization that sponsors or recognizes a local affiliate organization that includes students of a postsecondary educational institution; to develop and conduct an educational program on hazing.
HB 1553 - Next generation Hoosier educators scholarship: The bill changes the eligibility requirements for the next generation Hoosier educators scholarship and provides that a student may qualify for the scholarship by achieving a cumulative grade point average upon graduation of at least a 3.75 on a 4.0 grading scale during grades 9, 10, 11, and 12.
HB 1563 - State board of education and workforce cabinet: The bill adds two members of the commission for higher education to the governor's workforce cabinet. Makes changes to the experience requirements for state board of education (state board) members appointed by the governor.
HB 1565 - Suicide hotline information in student ID cards: The bill requires each public school, nonpublic school that employs one or more employees, and approved postsecondary educational institution that issues a student identification card to a student after June 30, 2021, to include the following information about the National Suicide Prevention Lifeline.
Senate Bills
SB 198 - Rioting: The bill grants the attorney general concurrent jurisdiction with the prosecuting attorney to prosecute an action in which a person is accused of committing a criminal offense while a member of an unlawful assembly. Makes refusing to leave a location in violation of a curfew, after having been informed of the curfew and ordered to leave by a law enforcement officer, a Class B misdemeanor. Allows for the civil forfeiture of property that is used by a person to finance a crime committed by a person who is a member of an unlawful assembly. Adds enhanced penalties to the crimes of: rioting; and obstruction of traffic. Makes felony rioting a predicate offense for purposes of the felony murder statute. Establishes the crime of enabling rioting, a Class B misdemeanor, if a person: is present during the commission of a felony by a member of an unlawful assembly; knows that the member is committing a criminal offense; and fails to immediately leave or report the offense to law enforcement. Makes providing funding to a person to commit a criminal offense while a member of an unlawful assembly a Class A misdemeanor, and increases the penalty to a Level 6 felony if the person provides funding for five or more people, and a Level 5 felony if the person provides funding for 10 or more people.
SB 376 - Nonschool educational experience: The bill requires the state board of education (state board) to adopt administrative rules to allow an organization to provide credit under a Core 40 curriculum model for alternative programs in which students obtain credit counting toward the student's graduation requirements from nonschool educational experience that applies or incorporates content area knowledge in lieu of a required or elective course in the Core 40 curriculum model.
Bills That Moved
House Bills
HB 1002 - Civil immunity related to COVID-19: The bill provides broad civil immunity to health care providers, businesses, and other institutions (including educational entities) from legal claims surrounding exposure to COVID-19, unless the exposure, transmission, or contraction of the illness happened because of the gross negligence of the institution in question. The bill received an initial hearing in the House Judiciary Committee on Tuesday, and will be eligible for amendments and a committee vote next week.
Senate Bills
SB 1 - Civil immunity related to COVID-19: The bill provides civil immunity for damages resulting from exposure of an individual to COVID-19 on the premises owned or operated by a person, on any premises on which the person or an employee or agent of the person provided property or services to the individual, or during an activity managed, organized, or sponsored by the person. The bill was approved by the Senate Judiciary Committee and is eligible for a 2nd reading in the Senate.
Looking Ahead
Next week we can expect the General Assembly to continue to increase committee activity and also to introduce additional legislation. The General Assembly may also hold second and third hearings for bills that have been moved out of their assigned committee. All bills must pass out of their assigned committee by the House and Senate committee report deadlines, February 16 and 18, respectively. Additionally, the Governor will deliver his annual State of the State address on January 19 at 7:00 p.m.
