January 26, 2007

 
Only a few bills of interest moved this week.
HB 1075, Individual Development Accounts passed committee unanimously. ICC supported the bill. Since 1997 Individual Development Accounts, (IDA) coupled with productive employment, have allowed the working poor an opportunity to save for the future by accumulating assets while learning the value of deferred gratification. Families with low incomes can have savings matched by the state to save to buy a house, go to school or start a business. ICC was instrumental in getting the original program passed 10 years ago HB 1075 adds rehabilitation of one’s house as an approved use of the savings and matching funds; it also increases the number of accounts and amount to be matched.
 
SB 190, Food establishment sanitary requirements exemption, also passed unanimously in committee. ICC supported the bill. SB 190 would exempt Church and school functions from a law that requires some very prescriptive rules when food is served such as at funeral meals, concessions at ball games, etc. This bill passed last year but with a sunset of January 2008. The bill eliminates the sunset provision only.
 
SB 262, Public school transfers, passed second reading but is still awaiting final passage. The bill may be returned to second reading for amendments. You may recall that last week we asked for people to contact their senator about this bill and its topic. It is still not too late to make the contact, if you did not. Public school choice is not enough. Hoosier parents should have support of education choices that best suit the needs of the children, including religious schools. Let them know that support for parental choice of non-public schools is important to Hoosier families.
 
HB 1027, Minimum wage, was amended in Ways and Means Committee on a party line vote, 14 – 10 to raise the exemption in the Indiana Inheritance tax. While increasing the exemption is popular, inheritance tax is not relevant to the bill. It is an attempt to make the bill harder to oppose for some and gain some advantage politically.
 
 
HB 1037, Home assistance sales tax exemption, is under review in the House Ways and Means Committee.
 
HB 1253, Employment of illegal aliens, was reassigned to the Rules and Legislative Procedure Committee. This may be a positive sign that the bill will not move.
 
When the session began no one expected a hearing on SB 24, Death penalty and mental illness. However, Senator Brent Steele will give Senator Bowser’s bill a hearing in Senate Corrections, Criminal and Civil Matters Committee on Tuesday, Jan. 30. The bill establishes a procedure to determine if a person is mentally ill and will be amended to prohibit the use of the death penalty if a person is found guilty of a crime when mentally ill. The bill would still allow for other appropriate punishment if the person is found guilty. ICC will support the bill and urge its passage. It is uncertain if the bill will be voted upon or if the Chairman will only give the opportunity for discussion.
 
While changes in the death penalty are difficult to pass, Indiana has made changes in recent years. In 1994, the Indiana General Assembly exempted defendants with mental retardation from the death penalty and life without parole, and in 2002, the General Assembly exempted children under the age of eighteen from the death penalty.
 
Like the mentally retarded and children under 18, the mentally ill are less morally culpable and less capable of being deterred by the death penalty.  Like the mentally retarded, the mentally ill are at risk of being sentenced to death inappropriately because they are less able to cooperate with and assist their attorneys or evaluate the benefits of a plea agreement, because their demeanor may be misperceived by jurors, and because of the stigma and fear that surrounds mental illness. 
 
Another significant bill, SJR 7, Definition of marriage, will be heard in the Senate Judiciary Committee on Wednesday, Jan. 31. The resolution will add the definition of marriage to the Indiana Constitution. The definition affirms Indiana law that marriage is between one man and one woman; it also prohibits Indiana law from being construed to require martial status or legal incidents of marriage to unmarried couples or groups.
 
This resolution passed the Senate and House in 2005. Because it is an amendment to the Constitution, it must be passed by two different General Assemblies. Hence it is before the Assembly this year. For the amendment to be adopted, it must pass this General Assembly and be voted on by the electorate in a general election.
 
To contact your State Representative and/or State Senator
http://www.in.gov/cgi-bin/legislative/contact/contact.pl#house
 
In addition to the Update, one can obtain more detailed information regarding the bills and detailed information about legislative process on the web at http://www.state.in.us/legislative/session/calendars.html .  You can access the archived updates, ICC positions and other background information at the ICC web site at www.indianacc.org