Shackleford’s unoffered amendment to HB1604

Yesterday, Feb. 13, State Rep. Robin Shackleford (D-Indianapolis) was set to introduce her amendment to House Bill 1604 on the House floor, expecting a lack of Republican support. However, following a productive meeting with the Chairman of the Insurance Committee, Shackleford agreed to work collaboratively on the amendment's language and bring it to the committee for further discussion before it reaches the floor for a vote.

The underlying bill allows consumers to apply out-of-pocket medical purchases, such as those for medications and medical devices, toward their annual deductibles.

Shackleford’s unoffered amendment would have expanded on this by ensuring that the full cost of prescription drugs, including amounts paid through manufacturer copay savings programs, discounts, or coupons, counts toward both the patient’s annual deductible and out-of-pocket maximum costs.

Shackleford issued the following statement on the amendment:

“Nearly half of Americans are now enrolled in high-deductible health plans through their employer, and almost half of all commercial plans include a separate pharmacy deductible.

“This language is essential to protect Hoosiers from unexpected costs when their savings don’t count toward their deductible and to help ensure that they can afford their medications, no matter the challenges life throws their way.

“I’ve heard from many constituents and clients about this issue, and I’ve experienced it firsthand. To get the costly medication I need, I rely on a manufacturer's copayment card that reduces my payment. After that, I'm left with the remaining price of the drug until I meet my deductible. Unfortunately, the manufacturer’s share doesn’t apply to my annual deductible. Like many Hoosiers, it's frustrating to pay so much every month without seeing any progress toward meeting my deductible.

“Nineteen states have already taken action against copay accumulator programs, which prevent patients’ savings from counting toward their deductible. These programs boost insurers' profits while leaving patients with higher out-of-pocket costs, often without access to necessary medications. The harm caused by these programs is so significant that the Federal Employees Health Benefits Plan recently announced it would no longer accept any plans that use them.

“Fortunately, efforts are underway to address these harmful practices. Legal challenges to copay accumulator programs are already in progress, such as the Copay Accumulator Case 2023, highlighting the growing push to eliminate these harmful policies and protect patients. I look forward to continuing to work with committee members on this issue to ensure Hoosiers are no longer penalized for using savings programs that help them afford their medications.”

Garcia Wilburn bill to grow family recovery courts halted in Ways and Means, leaves recovery courts in limbo

A bill authored by State Rep. Victoria Garcia Wilburn (D-Fishers) to establish a fund for family recovery courts and grow their presence around the state passed its first hurdle earlier this week but as the House faces key deadlines, its future is uncertain. The House Judiciary Committee approved House Bill 1107 unanimously.

HB 1107 would establish the Family Recovery Court Fund to grow the presence and capacity of family recovery courts around the state. Family recovery courts are certified problem-solving courts that target cases of abuse or neglect wherein a parent or primary caregiver suffers from a substance use disorder or co-occurring disorders.

However, it remains stalled in the House Ways and Means Committee without a scheduled hearing as the House approaches the final deadline for House bills to pass committee on Monday, Feb. 17. The bill was recommitted to Ways and Means because it creates a monetary fund, even though it does not appropriate any money into the fund.

Garcia Wilburn issued the following statement on the importance of the bill and this disappointing setback for families dealing with substance use disorder:

"Family recovery courts apply a non-adversarial, collaborative, and multi-disciplinary approach targeting the disease of addiction at a familial level and along a continuum of care. They reduce taxpayer costs by working to solve the problem of addiction outside of the courtroom and prison system. As Indiana continues to fight the opioid epidemic in our communities, funding family recovery courts would be an excellent use of our opioid settlement dollars, which is why I authored this bill.

"Thank you to House Judiciary Committee Chairman Chris Jeter for granting HB 1107 a hearing and to my fellow committee members for supporting this legislation. Amid mental health and certified community behavioral health center (CCBHC) funding uncertainty, I was disappointed to learn that this bill that does not cost the state anything will not receive a hearing in the House Ways and Means Committee before our key committee hearing deadline – meaning that it is now dead in the water in its original form. I will continue to work tirelessly with the Senate to find alternatives.

"We have made progress in our state on reducing overdose deaths in recent years. But I have grave concerns that without continuing to fund evidence-based efforts like CCBHCs or creating a new funding source for family recovery courts like HB 1107, we will backslide and leave more children without parents and more families without their loved ones. I came to the General Assembly to get real work done for our community, and that doesn't stop with this bill dying."

Judicial officers around the state expressed support for this legislation.

As Allen County Magistrate Sherry Hartzler said of the county's family recovery court, "We have had approximately 10 babies born substance free since we started in February 2019. The births occurred either during their participation or after they graduated as we’ve kept up with a lot of our grads. I was curious and looked at the lifetime monetary costs for substance-exposed infants and saw one study from 2002 that ranged from $750,000 to $1.4 million.  Astounding and these numbers are 20 years old." 

Knox County Judge Gara Lee shared: "During the existence of the Knox County family recovery court we have had at least five, if not six, babies born clean to participant mothers in our program. I believe that the cost savings of having a child born substance free to be immeasurable."

Garcia Wilburn will continue working with family recovery court judges to find a solution this legislative session and ensure Hamilton County Courts have the opportunity to explore family recovery courts for our communities.

Pryor’s efforts to lower utility costs struck down by supermajority

Today, Feb. 13,  State Rep. Cherrish Pryor (D-Indianapolis) offered two amendments to House Bill 1459 that aimed to cut costs for ratepayers. These amendments would have provided relief for those struggling to pay their utility bills by prohibiting utility companies from charging reconnection fees or raising their rates for one year. The amendments would have also ensured that utility companies could not disconnect services during the hottest and coldest times of the year and required them to offer reasonable payment plans. 

Another component of the amendments was the requirement for utility companies to submit data on the number of disconnections they have each month. Under a settlement agreement with the Office of the Utility Counselor and the IURC, the 5 largest utilities were required to report this same data until early 2024. That data showed that thousands of households are being disconnected from utility services every month due to non-payment.  Both amendments were voted down by House Republicans. 

“I proposed these amendments because Hoosiers are getting billed to their breaking point,” Pryor said. “Utility companies in our state continue to raise rates despite making record profits. It is unacceptable that 13% of Hoosier households experience at least one disconnection annually.” 

“Because utilities operate as a regulated monopoly in Indiana, our constituents rely on us to protect them from predatory pricing. The aggressive price hikes that utility companies are pushing are too much for people to keep up with. The amendments I proposed would have given Indiana residents some time to catch their breath from the rising cost of living in our state. Utilities in our state should be affordable for everyone, and I will keep fighting until that is a reality.” 

Burton’s utility accountability amendment added to HB1459

Today, Feb. 13, State Rep. Alex Burton’s (D-Evansville) amendment to House Bill 1459 passed unanimously in the House. The bill outlines new rules for water and wastewater utilities in Indiana that aren’t currently regulated by the Indiana Utility Regulatory Commission (IURC).

Burton's amendment adds a requirement for utilities that aren't regulated by the IURC. These utilities must report any consent decrees (agreements they’ve made with the government) or federal mandates to the Indiana Finance Authority (IFA). They must do this according to the reporting schedule mentioned in the bill.

Burton released the following quote on the amendment’s passage:

“Historically, Evansville has solved its infrastructure problems independently and has not asked the state for much assistance. This is a small step that I hope will one day lead to the state providing resources to communities like Evansville to address federal mandates and consent decrees.”

Boy’s amended opioid overdose reversal bill passes out of House Education Committee

Today, Feb. 12,  State Rep. Pat Boy’s (D-Michigan City) House Bill 1376 passed unanimously out of the House Education Committee. The original version of the bill, which aimed to supply opioid overdose reversal medication in schools across the state, has been significantly altered. The amended bill now only includes a redefinition of “naloxone” in the Indiana Code, defining it as “a federal Food and Drug Administration-approved opioid overdose reversal medication, including nasal spray.

Boy released the following statement on the amended bill’s passage:

“While today’s amendments alter the original intent of the bill, I recognize that this change may open the door to more conversations about the opioid crisis and how we can address it in our schools and communities. The redefinition of naloxone is a small, but important step in acknowledging the need for better resources to combat opioid overdoses. However, we cannot stop here. This is not enough to protect the lives of our young people. We are facing an epidemic, and the urgency to act has never been greater.

“The statistics speak for themselves: The National Institute on Drug Abuse, in a report from May 2024, revealed that law enforcement seized 2,300 times more fentanyl pills in 2023 than in 2017—115,562,603 pills compared to 49,657. This surge in fentanyl distribution is putting our youth at an unprecedented risk. According to the American Medical Association in 2023, the conversation has grown louder—it's time to put opioid overdose reversal medication in schools, where it can save lives.

“We owe it to our youth to take immediate and decisive action. We cannot afford to wait. We must work together to create a safe environment for our students, one where they have the resources to stay alive and thrive. Today’s amendments are a start, but we cannot stop here. I am committed to pushing for stronger legislation that will address this public health crisis and protect future generations.”

HB 1376 will now move to the House floor for further consideration.

Smith bill to increase reporting for incidents of bullying passes in Education Committee

Today, Feb. 12, House Bill 1539, authored by State Rep. Vernon G. Smith (D-Gary), passed the House Education Committee. The bill expands the definition of bullying to include severe, one-time acts, not just repeated offenses. It also requires school corporations to report incidents of bullying no later than one business day to the parents of the alleged perpetrator and targeted student. HB 1539 also updates the legal language for students who transfer schools. 

Smith released the following statement about the committee's passage of his bill:

“Education is an essential part of childhood, and we want our schools to be a safe haven. Sometimes coming to school is the only way a student gets a hot meal, chats with a positive adult influence or sees their cherished friends. Our children deserve to be safe in the school building. 

“Current law allows schools to report no later than five business days, but this is far too long. Parents deserve to know about a bullying incident as soon as possible. In some cases, it’s the difference between life and death. Students who experience bullying have an increased risk for depression and anxiety. I want our students to believe in the system of reporting. I want them to know that if they speak up things will get better for them. I believe my bill protects our students and ensures their voices are heard and respected. 

“I think as it moves forward, we need to continue to discuss cyber-bullying and protections for our children online. I’m grateful that this bill passed in the House Education Committee, and I look forward to its vote on the House floor.” 

Summers’ trauma-informed care bill passes out of committee

Today, Feb. 12, House Bill 1241, authored by State Rep. Vanessa Summers (D-Indianapolis), passed unanimously out of the House Committee on Family, Children and Human Affairs.

This legislation would establish a Trauma Informed Care Commission to study and provide recommendations for best practices to care for children and families who have undergone trauma.

Summers issued the following statement after the bill passed out of committee:

"From gun violence to poverty to discrimination, there's an unfortunate number of Hoosiers who have faced trauma in their lives. This bill aims to assist health care providers, social workers, teachers and other professionals to assist those in need to the best of their ability. I look forward to discussing this work further."

Jackson’s amendment to expand voting rights for Indiana seniors blocked by House Republicans

Today, Feb. 11, Rep. Carolyn Jackson (D- Hammond) introduced two critical amendments aimed at breaking down barriers and improving access for voters. These amendments focus on two key areas: permanent absentee voter status for elderly and disabled voters and preserving school district's ability to hold referenda on local funding with restrictions from the state.

"Indiana consistently ranks among the lowest states in voter turnout," Jackson said. "Unnecessary barriers like repetitive absentee ballot applications only make it harder for people to participate in our democracy. This amendment would've been a simple fix that removes red tape and ensures that seniors and Hoosiers with disabilities can vote without unnecessary hurdles."

Currently, Indiana allows elderly and disabled voters to cast absentee ballots by mail, but they must submit an application for every election cycle. Jackson's first amendment speeds up this process, eliminating the repetitive paperwork and making voting more accessible for Indiana's vulnerable populations. The amendment to House Bill 1679 was struck down on procedural grounds.

Jackson also introduced an amendment to HB 1681, which removes restrictions on when schools can hold a funding referendum. The current law gives voters the ability to decide what is best for their own communities, but the new legislation would limit when schools can hold referenda, making it harder for them to secure funding. 

"We don't know what school funding will look like in the state budget, but we do know that funding will be tight. Schools need every tool available to ensure they have the budget to operate, providing the best education opportunities for our youth," Jackson added.

Jackson's amendment to HB 1681 was defeated along party lines.

Pryor amendment to expand voting rights struck down by House Republicans

Today, Feb. 11, State Rep. Cherrish Pryor (D-Indianapolis) offered an amendment to allow no excuse absentee vote by mail. This amendment would bring Indiana in line with 28 other states and make voting more accessible for Hoosiers who may not be able to make it to the polls. The amendment was struck down on procedural grounds.

“In a time where voter apathy is growing, this body needs to be taking every action possible to make it easier for Hoosiers to engage in our government and make their voice heard.

“In 2024, only 61% of registered voters cast their ballots, down 6% from the 2020 election. Indiana has one of the lowest voter turnout rates in the nation. In order for government to truly serve the people, we need to ensure that all Hoosiers have access to vote in the way that meets their unique situation. 

“We continue to hear from Hoosiers that this body is not reacting to the needs of everyday working Hoosiers. Making it easier for Hoosiers to vote is the most basic and vital step we can take to end voter apathy and ensure responsiveness to the people that elect us to serve.”

DeLaney calls out the Supermajority for not hearing concerns of Hoosier voters

Today, Feb. 11, House Democrats offered several amendments aimed at expanding voting rights for Hoosiers. Instead of allowing a full discussion and vote about strengthening our democracy by making absentee ballots more accessible and allowing citizen-led ballot initiatives, the supermajority struck the amendments down on procedural grounds, stifling discussion. 

State Rep. Ed DeLaney (D-Indianapolis) issued the following statement: 

“The Republican supermajority in the House has made it more than clear that they are reluctant to hear what concerns the public. They reject non-binding referenda. They seem to not want to hear how Hoosiers feel on controversial issues such as cannabis legalization or abortion rights. Could this be because they are afraid that their unpopular policies would be rejected by the majority of the voting public? 

“We are falling into a practice of using House procedures to dodge difficult votes. As an example, my colleagues in the House filed amendments on House Bill 1679 to make absentee ballots more accessible for Hoosiers, only to be told they didn’t belong in a bill quite literally entitled ‘Various election matters.’ Indiana has historically had one of the lowest voter turnout rates in the nation. The House should be disturbed by that fact. Instead of taking action to make voting more accessible, House Republicans chose to shut down any vote on the House floor. 

“My takeaway from today’s events on the floor is that House Republicans want to avoid any vote that is difficult for their members.” 

Hamilton bill to boost workforce development, reduce recidivism heading to the Senate

Today, Feb. 11, House Bill 1289, authored by State Rep. Carey Hamilton (D-Indianapolis), unanimously passed on third reading in the House of Representatives. The bill has been sent to the Senate for further consideration.

HB 1289 defines "employment social enterprises" in Indiana Code to match the federal definition. This would allow the state of Indiana to better compete for federal funding for organizations that provide job training and services to help integrate those who were formerly incarcerated back into society. 

Hamilton released the following statement regarding the bill's passage in the House:

"Fully supporting Indiana's economy and workforce requires a collaborative, comprehensive effort," Hamilton said. "People that have recently been released from prison often struggle to secure jobs. Anyone that wants to work and contribute to the economy of our state should have every opportunity available to do so. Employment Social Enterprises give formerly incarcerated individuals a transitional job that provides job skills training as well as a chance to learn valuable life skills that can help them find and keep jobs. Not only would this expand our workforce, but it would also reduce recidivism rates as employment is one of the critical steps to reintegrate formerly incarcerated individuals into society. By simply adjusting the language in Indiana code to match the federal definition, House Bill 1289 would allow these organizations to receive federal funding that is critical to their mission of providing people with second chances and strengthening our economy.

"I appreciate the opportunity to advance this common-sense, bipartisan effort. I look forward to working with my colleagues in the Senate to get this bill passed into law for the benefit of all Hoosiers."

Errington’s amendment on ballot initiatives struck down on House Floor

Today, State Rep. Sue Errington (D-Muncie) introduced an amendment to House Bill 1681 to expand the use of ballot initiatives in Indiana. The proposed amendment would allow nonbinding ballot initiatives, enabling voters to weigh in on important issues without changing the law or the constitution. Although these initiatives would not have the force of law, they would send a clear message to lawmakers, urging them to consider public sentiment when crafting policies.

Despite the amendment’s expected resistance, it highlights Errington’s ongoing commitment to empowering citizens and ensuring their voices are heard on key issues.

Errington released the following statement on the amendment:

“Across the country, we’ve seen the power of ballot initiatives, giving citizens a direct say on critical issues affecting their lives. By allowing Hoosiers to vote on nonbinding initiatives, we are providing them with an opportunity to express their views, particularly on topics that this legislature may not be addressing despite public support. Whether it’s education, healthcare, or other important issues, the people of Indiana deserve a greater role in shaping the future of our state.

“The current system limits the power of voters, and too often, issues in our communities are overlooked. We know the power of the people - especially when they are given the chance to vote on issues that matter to them on the ballot box.

“As polling continues to show strong support for various reforms, it's clear that Hoosiers want to be involved in the decision-making process. While this amendment was not adopted today, the conversation about empowering Hoosiers is far from over. I will continue to push for reforms that give the people of Indiana the tools they need to strengthen our communities and shape our future.”