Indiana Equality Action 2011 Legislative Review

 

The 201 session of the Indiana General Assembly is now history. While the session brought major disappointment for lesbian, gay, bisexual and transgender (LGBT) Hoosiers in the Marriage Discrimination Amendment successfully making the first of three stages for inclusion in Indiana’s constitution, it also saw a partial success for LGBT youth, rejection of an attempt to limit benefits for same-gender couples, and the potential of a brighter future.

 

MARRIAGE DISCRIMINATION AMENDMENT

Despite the determined efforts of equality proponents, the Indiana General Assembly has set the stage for 2014 ballot initiative to amend the state constitution’s Bill of Rights to ban marriage by same-gender couples.  Passed both by the House of Representatives and the Senate, House Joint Resolution 6 (HJR-6) states:

Only a marriage between one (1) man and one (1) woman shall be valid or recognized as a marriage in Indiana. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.”

This proposal is not only about gay marriage but would severely restrict the future rights of all lesbian, gay, bisexual and transgender (LGBT) Hoosiers. The wording of this proposed constitutional amendment will prohibit any opportunity of civil unions, partnership tax incentives and other recognition rights.

The Marriage Discrimination Amendment is being advocated by Advance America, the American Family Association of Indiana, and the Indiana Family Institute. Even though Indiana has passed the Defense of Marriage Act in 1997, a law that has been upheld by Indiana courts, these organizations are aggressively pushing for enactment of an unnecessary and discriminatory amendment.

What happens next?  HJR-6 must pass through the House and Senate again in 2013 or 2014.  If it passes, unaltered, it will be on the ballot in 2014.  This means that Hoosiers will cast their vote either for or against HJR-6 as it is written today.

SUICIDE PREVENTION AND BULLYING

Working with key legislative friends and allies, Indiana Equality Action supported the introduction of legislation to address the recent surge in suicide among American teens including Billy Lucas, 15, from Greensburg, Indiana, who hung himself in his family’s barn after being bullied relentlessly. Indiana Equality Action organized an informal coalition of groups and organizations to help craft and support such legislation, including the Children’s Coalition of Indiana, Indiana Youth Group, ARC of Indiana, Indiana Juvenile Justice Task Force, Marion County Commission on Youth, National Association of Social Workers - Indiana Chapter, NAACP Greater Indianapolis Branch, Prevent Child Abuse – Indiana, and the Midwest Bullying Prevention Project.

Suicide prevention and bullying legislation introduced this year included Senate Bill 538 - bullying prevention (authored by Senator Tom Wyss), Senate Bill 4 - suicide prevention training for school personnel (authored by Senator Patricia Miller, and House Bill 1019 - training for child suicide prevention (authored by Representative Charlie Brown).  While SB 538 was unexpectedly defeated on a three to five vote in a meeting of the Senate Education and Career Development Committee, SB 4 passed both chambers and is headed to the Governor for his signature.

PUBLIC EMPLOYEE HEALTH PLAN BENEFITS

Senate Bill 475, authored by Senator Scott Schneider, would have prohibited state universities (Indiana, Purdue, Indiana State, Ball State, Ivy Tech, and Southern Indiana) from providing domestic partner health plan benefits.  After taking testimony for and against this proposal, the Senate Insurance and Financial Institutions Committee did not take a vote on SB 475, in essence killing the proposal.  IE Action worked in cooperation with the state universities and the American Association of University Professors in opposition to this attempt to discriminate against same-gender couples employed at state universities

How You Can Help Advance Equality for all Hoosiers

Make a contribution to support IE Action's advocacy and lobbying efforts via our website (www.indianaequalityaction.org. Or you may make checks payable to "Indiana Equality Action" and mail to PO Box 20621, Indianapolis, Indiana 46220. Contributions or gifts to Indiana Equality Action are not tax deductible for charitable purposes.

Volunteer to help advance equality. You can be involved in many fashions, including serving as a Key Advocate for Equality, strategy development, and communications.  Contact us by sending an e-mail to info@indianaequalityaction.org or send mail to the above postal address.

Join the IE Action Center and assist with communications to our elected officials about supporting equal protection under the law for all lesbian, gay, bisexual, and transgender Hoosiers. Go to the IE Action website (www.indianaequalityaction.org) to sign up to receive regular updates.

Watching out for the interests of LGBT Hoosiers across our state is an expensive task. Please consider making a tax deductible donation to Indiana Equality Action to help further our work. Please visit our secure website (www.indianaequalityaction.org) and make a contribution today to support this important advocacy for fairness and equality.

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Bill #

Summary

Status

HB 1019

Training for child suicide prevention. (C. Brown, Simpson, Lawson) - IE Action Position: Support

Requires the division of mental health and addiction to consider evidence based programs and develop programs for teacher training on the prevention of child suicide and the recognition of signs that a student may be considering suicide. Allows a governing body to adjourn its schools to allow teachers to participate in a basic or in-service course of education and training on suicide prevention and the recognition of signs that a student may be considering suicide. Provides that after June 30, 2013, an individual may not receive an initial teaching license unless the individual has completed training on suicide prevention and the recognition of signs that a student may be considering suicide. (The introduced version of this bill was prepared by the commission on mental health.)

Passed House; not considered by Senate

HB 1189

Bullying prevention task force. (Tyler)  - IE Action Position: Support

Creates the school bullying prevention task force for students with disabilities to: (1) study the causes and effects of bullying in schools; (2) identify practices that reduce incidences of bullying; (3) highlight training and technical assistance opportunities for schools to effectively address bullying; and (4) evaluate the effectiveness of schools' current antibullying policies and other antibullying programs for students with disabilities. (The introduced version of this bill was produced by the Indiana Commission on Autism.)

No committee hearing; died in House

HB 1248

Premarital preparation course and fee reduction. (Noe)  - IE Action Position: Monitor

Establishes a $10 fee for a marriage license and a marriage certificate if the individuals have completed a premarital preparation course that meets certain requirements. Increases the fee for a marriage license for individuals who have not completed a premarital preparation course from $10 to $40. Increases the fee for a marriage certificate for Indiana residents who have not completed a premarital preparation course from $8 to $32. Establishes a marriage certificate fee of $8 for Indiana residents who complete a premarital preparation course. Establishes requirements for the premarital preparation course. Requires an individual who is less than 18 years of age to complete a premarital preparation course before the individual may marry. Requires the office of the secretary of family and social services to review and approve research based marriage and relationship curricula for certain purposes. Establishes the healthy marriages fund to provide financial assistance to low income individuals for the cost of completing a premarital preparation course. Requires the office of the secretary of family and social services to administer the fund. Continually appropriates money in the fund.

Committee hearing conducted; no vote taken; died in House

HB 1332

Bias crimes. (Porter)  - IE Action Position: Support

Requires law enforcement officers to receive training in identifying, responding to, and reporting bias crimes. Allows an individual who suffers a personal injury or property damage caused by a criminal offense to bring a civil action to recover damages, including punitive damages, if the person who committed the offense knowingly or intentionally selected the victim because: (1) of the victim's actual or perceived color, creed, disability, national origin, race, religion, sexual orientation, gender identity, or sex; (2) of the actual or perceived color, creed, disability, national origin, race, religion, sexual orientation, gender identity, or sex of an individual affiliated or associated with the victim; or (3) the victim was homeless. Makes commission of a crime because: (1) of the victim's actual or perceived color, creed, disability, national origin, race, religion, sexual orientation, gender identity, sex, or any other characteristic or belief; (2) of the actual or perceived color, creed, disability, national origin, race, religion, sexual orientation, gender identity, sex, or any other characteristic or belief of an individual affiliated or associated with the victim; or (3) the victim was homeless; an aggravating circumstance that may be considered by a judge when the judge imposes a sentence for the crime.

No committee hearing; died in House

HB 1360

School corporation health coverage. (Turner)  - IE Action Position: Oppose

Requires that health insurance coverage provided by a school corporation to active and retired certificated employees of the school corporation must be provided through participation in a state employee health plan. Prohibits the state from paying any part of the cost of the school corporation employee coverage. Makes conforming amendments.

No committee hearing; died in House

HB 1567

Antibullying. (Porter)  - IE Action Position: Support

Requires the department of education to develop guidelines to assist school corporations and safe school committees in establishing bullying prevention programs and investigation and reporting procedures. Requires each school corporation to include the number and nature of bullying incidents that occurred within the school corporation on the school corporation's annual performance report. Modifies the definition of bullying. Requires each school corporation to include detailed procedures for investigations and reporting of bullying behaviors in the school corporation's discipline rules. Sets out a bullying reporting requirement for each school corporation. Requires that if a board of trustees of a state educational institution elects to govern by regulation or another means, the conduct of students, faculty, employees, and others while upon the property owned, used, or occupied by the state educational institution, the regulation must include a policy prohibiting bullying.

No committee hearing; died in House

HJR 0006

Marriage. (Turner, Kruse, Banks, Tomes)  - IE Action Position: Oppose

Passed both House & Senate

SB 0004

Suicide prevention training for school personnel. (Landske, Miller, Noe)  - IE Action Position: Support

Allows a governing body to adjourn its schools to allow teachers to participate in a basic or in-service course of education and training on suicide prevention and the recognition of signs that a student may be considering suicide. Requires the division of mental health and addiction to provide information and guidance to local school corporations on evidence based programs for teacher training on the prevention of child suicide and the recognition of signs that a student may be considering suicide. Provides that after June 30, 2013, an individual may not receive an initial teaching license unless the individual has completed training on suicide prevention and the recognition of signs that a student may be considering suicide. (The introduced version of this bill was prepared by the commission on mental health.)

Passed both House & Senate; to Governor for signature

SB 0475

Public employee health plan eligibility. (Yoder, Schneider)  - IE Action Position: Oppose

Specifies that coverage under state employee and state educational institution health plans is available to certain individuals.

Committee hearing conducted; no vote taken; died in Senate

SB 0538

Bullying prevention. (Kruse, Rogers, Wyss) - IE Action Position: Support

Requires the department of education to evaluate and make available to school corporations effective models of bullying prevention plans and to provide an appropriate incentive to school corporations with policies that encourage student participation in extracurricular activities designed to prevent bullying. Requires a school corporation to publish the number of bullying incidents that have occurred in the school corporation's annual performance report. Requires a school corporation's discipline and safety plan that is developed with parental assistance to address bullying prevention and response. Provides that the advisory board of the division of professional standards may adopt rules that set standards for teacher and administrator continuing education in the prevention of and response to bullying. Amends the definition of "bullying" to specify that the term includes verbal or written communications transmitted in any manner, including digitally or electronically. Requires school corporation discipline rules to include written reports of bullying incidents and responses to the incidents, and annual reports of the number of bullying incidents and responses to the department of education. Provides that the department of education may audit compliance with bullying prevention, intervention, and reporting requirements at any time.

Defeated in Senate Committee by 3-5 vote

SB 0581

HIV testing of pregnant women. (Becker, Crouch) - IE Action Position: Monitor

Requires oral or written consent by a pregnant woman to have HIV testing to be documented in the pregnant woman's medical chart instead of requiring a written statement of consent. Requires a committee to study issues concerning the current laws that require a person's consent before HIV testing.

Passed both House & Senate; to Governor for signature

SJR 0013

Definition of marriage. (Kruse, Holdman, Tomes)  - IE Action Position: Oppose

Provides that only a marriage between one man and one woman shall be valid or recognized as a marriage in Indiana. Provides that a legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized. This proposed amendment has not been previously agreed to by a general assembly.

No committee hearing; died in Senate