JUSTIN GROENERT Director, Public Policy & Government Relations www.swinchamber.com @SWINChamber #TogetherWeThrive 2018 Indiana General Assembly LEGISLATIVE REPORT
This short session has wrapped up with a flurry of late activity and some general chaos. After some clock mismanagement, there will be a special session called by Governor Holcomb in May to address the tax bill and school safety bills that remained after the clock struck midnight on March 15. The autonomous vehicles bill is among the bills that died due to lack of action before midnight. It is likely Governor Holcomb will do some things by executive order to implement parts of the bill. The House and Senate workforce bills were passed by both chambers and were sent to Governor Holcomb s desk. The Governor s opioid plan also passed without controversy and headed down to his desk. The Governor has signed the Sunday sales bill into law. The Chamber s efforts on regional quality of place paid off and will be added to the roster for an interim study committee. While we were unable to completely fix a bill that reforms the Economic Improvement Districts, we were able to make the bill considerably better than originally proposed. Also, in a late deal, those with DACA status now have 17 more licenses they are eligible to attain through the state, giving them more options to find jobs in Indiana. To follow is a breakdown of the specific legislation we are working on during this session. For further information or to answer questions, please contact Justin Groenert, Director of Government Relations & Public Policy; (812) 589-1650; jgroenert@ swinchamber.com. WORKFORCE BILLS HB 1002: REORGANIZATION OF WORKFORCE FUNDING AND PROGRAMS Authors: Rep. Todd Huston (R- Indianapolis), Rep. Holli Sullivan (R-Evansville) SUMMARY: Requires an annual workforce related program review by the legislative services agency. Requires information on workforce related programs as part of the biennial budget report that is submitted to the governor and budget committee for preparation of the governor s proposed budget bill. Establishes the next level jobs employer training grant program. Revises eligibility criteria for applicants for high value workforce ready credit-bearing grants. Provides that if the demand for high value workforce ready credit-bearing grants exceeds the appropriation, the commission for higher education shall prioritize applicants who are classified as independent. Transforms Ivy Tech Community College s regional boards of trustees to campus boards of trustees. Adds provisions concerning the appointment, number, and terms of trustees serving on the state board of trustees of Ivy Tech. Provides that an emancipated student or the parent of a student enrolled in a career or technical course may voluntarily release information, on a form prescribed by the department of education, pertaining to the student s enrollment in the career and technical education course to potential employers that contact the school to recruit students with particular career and technical skills. Requires the state board of education, when establishing an apprenticeship as a graduation pathway requirement, to establish as an apprenticeship only an apprenticeship program registered under the federal National Apprenticeship Act or another federal apprenticeship program administered by the United States Department of Labor. Specifies that an individual who is enrolled as a part-time postsecondary student, regardless of whether a part-time student is qualified to receive an adult student grant, may participate in the employment aid readiness network (EARN) Indiana program. Requires at least 25% of the money appropriated by the general assembly for adult education or the work Indiana program to be used: (1) to reimburse an eligible provider for adult education that is provided to individuals who need education in basic skills or necessary to receive a high school diploma or an Indiana high school equivalency diploma; or (2) for adult education grants to employers. Provides that an employer is eligible for an adult education grant equal to the lesser of $500 or the employer s out-of-pocket expenditures for each eligible employee who obtains a high school diploma or a high school equivalency diploma through a program organized or funded by the employer. Specifies criteria for an individual to be an eligible employee of an employer that is eligible for an adult education grant. Requires educational institutions offering programs subject to approval by the Indiana state board of nursing to obtain approval from the board for proprietary education. Exempts those educational institutions from obtaining accreditation as postsecondary proprietary educational institutions from the department of workforce development. Provides that until July 1, 2021, certain individuals with a bachelor s degree may serve as a nursing faculty member in an associate degree nursing program without yet having obtained a master s degree. Requires the office of the secretary of family and social services and the Indiana department of transportation to perform a coordinated study on leveraging money for transportation to workforce related programs. Urges the legislative council to assign to an appropriate interim study committee the question of whether the state should submit a combined state plan instead of a unified state plan to the United States Department of Labor when the state submits a new Workforce Innovation and Opportunity Act plan. Makes conforming amendments. STATUS: Conference Committee Passed both House and Senate Chambers, send to Governor Holcomb Did not testify on the bill due to the ever-changing nature of the legislation process in getting to the final bill. Worked with the delegation and committee chairmen to ensure our thoughts and support were heard.
SB 50: GOVERR S WORKFORCE CABINET Authors: Sen. David Long & Doug Eckerty SUMMARY: Governor s Workforce Cabinet (Long, D) - Establishes the governor s workforce cabinet (cabinet). Specifies the membership and duties of the cabinet. Provides that the cabinet shall serve as the state advisory body required under certain federal laws. Provides that subject to the approval of the chairperson, the state personnel department, and the budget agency, the cabinet may employ professional, technical, and clerical personnel necessary to carry out its duties. Specifies that the cabinet is subject to the allotment system administered by the budget agency and financial oversight by the office of management and budget. Requires the cabinet to develop, not later than July 1, 2018, a comprehensive career navigation and coaching system for Indiana and requires all high schools to participate in the career coaching program. Requires the cabinet to conduct a regular review, analysis, and evaluation of all workforce related programs. Requires the cabinet to conduct a college and career funding review and submit, not later than November 1, 2018, to the governor and the legislative council a report concerning the results of the review. Requires the cabinet to study the advisability of establishing one or more real world career readiness programs that combine the theory of a particular career with workforce practice or application in order to provide students with career and technical education credentials necessary to transition from school to the workforce and submit, not later than November 1, 2018, to the governor and the legislative council a report concerning the results of the study. Repeals the state workforce innovation council (council). Assigns the council s duties and obligations concerning postsecondary proprietary educational institution accreditation to the department of workforce development and all other council duties and obligations to the cabinet. Makes conforming amendments. Repeals obsolete definitions. STATUS: Passed both House and Senate and has been sent to the Governor s desk. EXCUSED SB 297: EMPLOYABILITY SKILLS CURRICULUM Authors: Sen. Jeff Raatz, Sen. Dennis Kruse SUMMARY: Employability skills curriculum. Provides that the department of workforce development will establish standards that provide students with career and college planning resources under the Indiana career explorer program and standards. (Current law provides that the department of workforce development will establish curriculum under the Indiana career explorer program and curriculum.) Provides that, not later than July 1, 2019, each school within a school corporation shall include interdisciplinary employability skills standards established by the department of education (department), in conjunction with the department of workforce development and approved by the state board of education, in the school s curriculum. Provides that, if the department determines that the pilot program for instruction in and use of the Indiana career explorer program and standards should be extended, the department, in consultation with the department of workforce development, must increase the number of schools involved in the pilot program by at least 15 additional schools, if possible based on the interest from schools. Provides that the state board of education, in consultation with the department and the department of workforce development, may approve an alternative Internet based system and standards (Current law provides that the department, in consultation with the department of workforce development may approve alternative Internet based system and standards.) Establishes the work ethic certificate program (program). Requires the department of workforce development to administer the program. STATUS: Conference Committee Passed both House and Senate Chambers, send to Governor Holcomb. Did not testify on the bill due to the ever-changing nature of the legislation process in getting to the final bill. Concerns were expressed by the IMA, who ultimately opposed the bill, and the State Chamber who did support the bill pertaining to the change from the State Workforce Cabinet to this board. We worked with the delegation and committee chairmen to ensure our thoughts and support were heard.
SB 419: PROFESSIONAL AND OCCUPATIONAL LICENSES FOR THE LATI CHAMBER ALLIANCE Author: Sen. Blake Doriot SUMMARY: Professional and occupational licenses. Provides that an agency or political subdivision may require verification of an individual s eligibility for a professional or occupational license, by requiring the individual to verify under penalty of perjury that the individual is: (1) authorized by the federal government to work in the United States; and (2) executing the verification only for the purpose of applying for a professional or occupational license issued by the state agency or political subdivision. Provides that an individual who is authorized by the federal government to work in the United States is eligible for a professional or occupational license issued by a state agency or political subdivision if the individual meets all the requirements, other than the requirement under 8 USC 1621(a), to obtain or renew the professional or occupational license. Provides that a unit does not have the power to license, register, or certify a person to practice the person s profession or occupation within the unit if the occupation or profession is subject to licensure, registration, or certification under the Indiana Code. Provides that this prohibition does not apply to: (1) registration for particular projects for the alteration, construction, demolition, or repair of a building or other work on real property required under an ordinance or rule adopted under local government law; (2) the ability to revoke, suspend, or impose additional conditions on a permit or registration previously given if the person holding the permit or registered has performed substandard work or has otherwise violated any condition of the permit or registration; or (3) when the unit determines the establishment and enforcement of health and safety standards for the occupation or profession is appropriate and necessary to protect the public. STATUS: Conference Committee Passed both House and Senate Chambers, send to Governor Holcomb. SUNDAY SALES SIGNED INTO LAW SB 1: SUNDAY CARRYOUT SALES Author: Sen. Ron Alting SUMMARY: Allows the following to sell alcoholic beverages for carryout on Sunday from noon until 8 p.m.: (1) A package liquor store, grocery store, convenience store, or drug store. (2) A restaurant that satisfies the requirements to sell carryout. (The introduced version of this bill was prepared by the alcohol code revision commission.) STATUS: Bill passed both House and Senate. Signed into law by Governor Holcomb. CHAMBER ACTION: We testified in support of this bill in both the House and Senate.
REGIONAL DEVELOPMENT TAX CREDIT HEADS TO SUMMER STUDY SB 353: TAX CREDIT MATTERS Author: Sen. Dennis Kruse SUMMARY: Establishes the regional development tax credit (credit). Allows a taxpayer to apply to the Indiana economic development corporation (IEDC) for the credit. Provides that a taxpayer is entitled to a credit against state tax liability if: (1) the taxpayer makes a qualified investment for the redevelopment or rehabilitation of real property that is vacant or underused; and (2) the qualified investment is approved by the IEDC. Specifies the factors that the IEDC shall consider in evaluating applications for a proposed qualified investment. Specifies that the credit is subject to an agreement entered into by the IEDC and the taxpayer. Provides that the amount of the credit is equal to: (1) the qualified investment made by the taxpayer and approved by the IEDC in the agreement; multiplied by (2) the applicable credit percentage determined by the IEDC. Specifies the maximum applicable credit percentages that apply to qualified investments. Prohibits the carryback or refund of any unused credit. Allows a taxpayer to carry forward any unused credit amounts and to assign any part of a credit to which the taxpayer is entitled. Authorizes the IEDC to negotiate with a taxpayer and include in the credit agreement a return on investment provision requiring the taxpayer to repay all or part of a credit awarded to the taxpayer if one or more conditions specified in the agreement are satisfied. Provides that a taxpayer is not entitled to receive any of the following (with certain exceptions): (1) An industrial recovery tax credit for a qualified investment made after December 31, 2018. (2) A community revitalization enhancement district tax credit for a qualified investment made after December 31, 2018. STATUS: Bill Passed both houses and was send to the Governor. EXCUSED GOVERR S OPIOID PACKAGE MOVES FORWARD SB 221: INSPECT PROGRAM Author: Sen. Erin Houchin SUMMARY: INSPECT program. Allows a dispenser of ephedrine, pseudoephedrine, or a controlled substance to transmit certain information to the INSPECT program by any electronic method that meets specifications prescribed by the state board of pharmacy (board). Provides that, to the extent considered appropriate by the board, the INSPECT data base must be interoperable with other similar registries operated by federal and state governments. Requires the following practitioners to obtain information about a patient from the data base before prescribing an opioid or benzodiazepine to the patient: (1) A practitioner who has had the information from the data base integrated into the patient s electronic health records. (2) Beginning January 1, 2019, a practitioner who provides services to the patient in the emergency department of a hospital or a pain management clinic. (3) Beginning January 1, 2020, a practitioner who provides services to the patient in a hospital. (4) Beginning January 1, 2021, all practitioners. Provides that a practitioner is not required to obtain information about a patient who is subject to a pain management contract from the INSPECT data base more than once every 90 days. Removes lapsed provisions. Provides that beginning January 1, 2019, a practitioner who is permitted to distribute, dispense, prescribe, conduct research with respect to, or administer ephedrine, pseudoephedrine, or a controlled substance in the course of the practitioner s professional practice or research must be certified to receive information from the INSPECT program. Allows a practitioner to request a waiver from the requirement of checking the data base before prescribing an opioid or benzodiazepine if the practitioner does not have access to the Internet at the practitioner s place of business. Requires the Indiana state board of pharmacy to: (1) establish a process for a practitioner to request a waiver; (2) determine whether to grant a practitioner s request for a waiver; and (3) issue a waiver when the board determines a waiver is warranted. STATUS: Bill passed out of both chambers. It has been send to Governor Holcomb for his signature. This is part of the larger quality of place discussion and whatever will replace Regional Cities. With the summer study in play, our Quality of Place LOIT will be discussed. Our drafted language has been sent to Eric Shields, who is participating in the Governor s Regional cities working group. This is a Metro Chamber Alliance priority as well. At the request of the Governor s office, we wrote a letter of support for the measure to the Health & Provider Services Committee and discussed our support with Chairman Ed Charbonneau.
SB 139: INVESTIGATION OF OVERDOSE DEATHS Author: Sen. Jim Merritt SUMMARY: Investigation of overdose deaths. Requires the county coroner to do the following if the county coroner reasonably suspects the cause of a person s death to be accidental or intentional overdose of a controlled substance: (1) Obtain any relevant information about the decedent maintained by the INSPECT program. (2) Extract and test certain bodily fluids of the decedent. (3) Report test results to the state department of health (department). (4) Provide the department notice of the decedent s death, including any information related to the controlled substances involved, if any. Authorizes the department to adopt rules. Makes conforming changes. Provides that the coroners training and continuing education fund shall be used for the costs incurred by a county coroner to perform investigations of overdose deaths for the 2018-2019 state fiscal year. STATUS: Bill passed both House and Senate and was sent to the Governor. At the request of the Governor s office, we wrote a letter of support for the measure to the Health & Provider Services Committee and discussed our support with Chairman Ed Charbonneau. QUALITY OF PLACE HB 1278: ECOMIC IMPROVEMENT DISTRICTS Author: Rep. Sean Eberhard SUMMARY: Economic improvement districts. Provides that a petition to establish an economic improvement district (district) may be filed with the clerk (in the case of a municipality) or the county auditor (in the case of the county). Requires a person that intends to file a petition for the establishment of a district to first provide the clerk or county auditor with written notice of the person s intent before initiating the petition process. Provides that a petition for the establishment of a district may be filed with the clerk or county auditor not later than 120 days after the date on which the person filed the notice of intent. Requires the clerk or county auditor to retain the paper copy of a petition for not less than 90 days from the date the petition is filed. Provides that the clerk or county auditor shall publish notice of a hearing on the proposed district, mail a copy of the notice to each owner of real property within the district, and include the hearing date in the notice. Provides that the date of the hearing may not be more than 60 days after the date on which the notice is mailed. Increases the required percentage number of signatures needed on a petition from owners of real property within a proposed district. Specifies that the signature of a person whose property is: (1) owned by this state, or a state agency, or leased to a state agency and is exempt from property taxation; or (2) owned by a political subdivision of this state and is exempt from property taxation; may not be considered in determining whether the required number of signatures needed on a petition are met. Provides that the assessed valuation of property that is: (1) owned by this state, or a state agency, or leased to a state agency and is exempt from property taxation; or (2) owned by a political subdivision of this state and is exempt from property taxation; may not be considered in determining the total assessed valuation in the proposed district. Repeals the provision that allows the proposals contained in the petition to be amended or modified in the ordinance adopted to establish the district. Eliminates the provision that allows the board of a district (board) to increase a special assessment following a hearing on an owner s protest of the special assessment. Requires the board to either confirm or decrease the special assessment in its determination of the owner s protest. Provides that the legislative body of a unit (legislative body) may not pass an amending ordinance to increase the boundaries of a district. Requires the district (or the person that files the petition, if the proposed district is rejected) to, at the request of the unit, reimburse the unit for the reasonable expenses incurred by the unit to comply with the statutory requirements for the district. Provides that the legislative body may choose not to collect all or part of the reasonable expenses. CHAMBER POSITION: OPPOSE STATUS: Bill passed both the House and Senate and has been sent to the Governor. : : : : : The original bill put the time limit at 60 days and parameters on the EID as well at moving the thresholds from 51% on both property owners and property value to 67%. The bill was amended in committee to move the time limit to collect signatures from 60 to 90 days. Ultimately, the time frame was set at 120 days. The Chamber testified that we support a lot of the changes to the EID process, however we oppose moving both the Assessed Value and property owner signature thresholds to 66%. We build a strong coalition of opponents to the bill, including the Indiana Economic Development Association, Indiana Chamber of Commerce, Indy Chamber, Greater Fort Wayne Inc., Downtown Fort Wayne, City of Plainfield, City of Whitestown, amongst others. Ultimately the bill passed and was sent to the governor s desk with the thresholds of 60%.