Statehouse roundup: Withholding bail, property tax relief, high school curriculums

Indiana legislators started to tackle more pieces of priority legislation last week, including a proposed state constitutional amendment addressing how much leeway a judge can have when deciding to withhold bail from a defendant and a bill to overhaul high school curriculums. Plus, Gov. Eric Holcomb has his first transgender-related bill on his desk, with another one closely behind.

Here's everything that happened last week:

Indiana Statehouse: No bail for a misdemeanor defendant? It could happen under legislation moving forward

Withholding bail

Senate Joint Resolution 1, which would give judges the ability to withhold bail for certain defendants if they pose “a substantial risk to the public," was amended and then passed 7-5 in a House committee March 29 to add language that the state must prove there is "clear and convincing evidence" that withholding bail is necessary to "reasonably protect the safety" of others.

In Indiana, murder and treason are the only two offenses that bail is automatically withheld.

To become law, it would have to go through two General Assemblies and a voter referendum before being amended into the state’s Constitution. The soonest voters would consider the proposal would be November 2026.

Property tax relief for gentrified neighborhoods

In light of drastic increases in property values in some neighborhoods in recent years, Senate Bill 46 would allow municipalities to establish zones within which homeowners who've lived in their homes for at least a decade can be eligible for a break on the property taxes they owe.

That break would be in the form of a credit, determined by the municipality, for homeowners whose property taxes went up more than 2% from the previous year.

Sen. Jack Sandlin, R-Indianapolis, introduced a similar bill two years ago that died in the House Ways and Means Committee. This year, Ways and Means voted 21-1 on March 29 to move it forward to the House floor.

Buffer zone around police

The House has agreed to amendments of a bill that would allow police to create a 25-foot buffer zone around investigating officers by a 68-26 vote March 28. The bill now heads to the governor.

House Bill 1186 would consider a person who “knowingly or intentionally” approaches within 25 feet of a law enforcement officer, after being ordered to stop, as encroaching on an investigation. The crime would become a Class C misdemeanor.

The bill’s critics worry the proposal could be used to prevent civilians from observing police officers, particularly when it comes to officer use of force and brutality. The bill's author, Rep. Wendy McNamara, R-Evansville, said her goal is to avoid more chaos at crime scenes by giving officers a law that creates a buffer.

Ban on transgender health care for minors

A bill that would prohibit doctors from providing gender-affirming medical care for Hoosiers under the age of 18 is the first transgender-related bill to hit the governor's desk after the House passed it 65-30 on March 27.

Senate Bill 480, authored by Sen. Tyler Johnson, R-Leo, was the subject of hours of testimony on both sides as well as public protest. It passed each chamber among mostly party lines, with a handful of Republicans joining Democrats in opposition.

Banning gender-affirmation surgery in prisons

A House bill that would prevent imprisoned people from using state tax dollars for gender-affirming surgery passed the Senate 38-9 on March 30 and now heads to the governor.

The Department of Correction doesn't currently provide this surgery for incarcerated people, except in one federal case that settled in 2022.

Republicans backing House Bill 1569, authored by Rep. Peggy Mayfield, R-Martinsville, say she wants to make sure it stays that way.

Conversion therapy

Senate Bill 350 — a bill that almost died in committee earlier this session ― passed the House employment committee March 30 by an 8-3 vote, along party lines.

Authored by Sen. Jeff Raatz, R-Richmond, the bill would prohibit local governments from enforcing any sort of ban on services provided by social workers, marriage and family therapists, addiction counselors or mental health counselors — including so-called conversion therapy. That's when therapists or counselors try to change LGBTQ clients’ gender identities and sexual orientations, often through faith-based mental health counseling.

Pharmacists may increase contraceptive access

After lawmakers restricted abortion access last summer, House Bill 1568 was intended to increase contraceptive access by allowing pharmacists to prescribe birth control pills, patches and rings to anyone over 18. The Senate Health and Provider Services committee voted 8-2 on March 29 to move the bill forward to the Appropriations committee.

The bill's author Rep. Elizabeth Rowray, R-Yorktown, and other advocates said the bill would reduce unplanned pregnancy rates and allow Hoosiers with limited access to health care have more control over family planning.

Donating unused prescription drugs

A House bill to establish a prescription drug donation program in Indiana passed the Senate unanimously on March 28, after having also gotten unanimous approval from the full House in February.

But the Senate sent House Bill 1017 back to the House with amendments that the bill's author, Rep. Stephen Bartels, R-Eckerty, doesn't agree with. He filed a motion to dissent on March 30. The bill may have to go to a conference committee to work out their differences.

Nationally, billions of dollars of medication are destroyed each year when patients, such as those undergoing cancer treatment, either move onto different medication or pass away. The bill would establish a repository for these unused drugs, which can then be redistributed to low-income Hoosiers.

Road funding in Indiana

House Bill 1049, which asks a study committee with taking a deep dive into Indiana's local and state roadwork needs, is heading to the governor's desk. It passed both chambers, and the bill's author, Rep. Jim Pressel, R-Rolling Prairie, agreed to the Senate's requested changes last week.

Meanwhile, the House roads committee heard testimony on March 28 but took no vote on Senate Bill 283, which would send about $8 million more road money each year to Indianapolis by correcting a glitch in the road funding formula.

Food delivery apps

A bill requiring food delivery apps to receive permission from local businesses before listing them as a pickup location and imposing penalties for violating their consent is awaiting a final vote on the Senate floor.

One lawmaker called House Bill 1279, authored by Rep. Robb Greene, R-Shelbyville, "one of the best bills of the session." Local businesses owners said it would help them have more control over their product and reduce issues that apps like Grubhub and Postmates cause.

Residential building commission

House Bill 1575, authored by Rep. Timothy O’Brien, R-Evansville, assed out of the Senate Local Government committee 7-3 on March 30.

It would create a statewide residential building code commission staffed primarily by builders, developers, and Realtors, to let them regulate building safety, with the aim of reducing home building costs. It would have veto power on housing codes over the current Indiana fire prevention and building commission that sets codes for building safety.

'Windfall profit': Lawmakers who build homes file bills to help their industry

Critics have said its problematic that six of the ten seats on the residential building commission established by House Bill 1575 will be for representatives from the homebuilding, apartment or real estate industry, including both the Indiana Apartment Association and the Indiana Builders Association. Organizations responsible for building safety, including the International Code Council, are opposed to the bill, with some saying it would allow unsafe standards by allowing special interests to write building safety regulation.

State welfare program

Indiana has one of the lowest income eligibility caps for its federally-funded state welfare program, known as Temporary Assistance for Needy Families, or TANF, according to Senate Bill 265 bill sponsor Sen. Jon Ford, R-Terre Haute. And the state leaves tens of millions budgeted for welfare on the table because of the restrictive income limits.

The bill would raise the income requirement from its current 16% of the federal poverty rate up to 35% by 2027, and up to 50% thereafter. It passed out of the House Ways and Means committee on March 29 and now moves to the House floor for a vote.

Reinventing high school

House Bill 1002, a priority bill for House Republicans, would overhaul high school curricula and give students more work-based learning opportunities while in high school. It's part of an effort to knit closer together high school and employers.

The Senate Education and Career Development committee heard testimony on the bill on March 29 but have yet to vote.

State budget

The Senate heard testimony on the House Republicans' two-year, $43.3 billion budget proposal on March 30. The Senate will come up with its own proposal later on, and the two sides will hammer out a final agreement at the end of the session.

Gov. Eric Holcomb's proposed budget request gives significant increases into K-12 schools and higher education and fund a major overhaul of the state’s public health system. The House altered the budget to ramp up the education investment even more, but it pumps the brakes on the public and mental health funding requests. The budget also would speed up income tax cuts and expand the state's school choice program.

State budget: House GOP goes big on education, cutting taxes, pulls back on health dollars

Preparing for renewables and energy storage

Senate Bill 33, authored by Sen. Greg Walker, R-Columbus, would direct the state's environmental management agency as well as the utility regulatory commission to produce a study on the best ways to decommission and dispose of solar panels and wind turbines. The bill unanimously passed the House March 27. It now heads back to the Senate with amendments.

House Bill 1173 sets forth some parameters around establishing or expanding battery storage systems in Indiana, and also establishes some training for local fire departments in the event of a fire or emergency at the facility. It passed the Senate unanimously on March 28.

Using best data for floodplain maps

Last year, the Indiana legislature passed a bill that required municipalities across the state to use the best available data and floodplain maps when deciding on building permits. These maps from the state Department of National Resources provide a comprehensive understanding of the state's flood-prone areas to reduce the risk of building in those locations.

While Senate Bill 242 would not eliminate the maps, it would remove the requirement that local agencies and administrators use them. Those in support say it could help lessen the burden on homeowners in these areas, but others worry it puts Hoosiers' safety and property at risk.

The bill, authored by Sen. Jean Leising, R-Oldenburg, is awaiting a final vote on the House floor.

Wetlands back on the chopping block

Two years after a controversial bill that stripped protections for many of Indiana's wetlands was passed, the important ecological feature is again on the chopping block.

More: Environmental groups, Democrats blindsided by amendment further gutting wetland protection

Several organizations were surprised March 22 when an amendment was made to Senate Bill 414, a bill about residential sewage, that further reduces wetland protections.

The bill would redefine how wetlands are classified, making it easier for developers to build on wetlands, including those that are higher quality. An amendment to undo this change failed on the House floor, and the bill passed the House on March 28 by a 62-31 vote.

Protecting firefighters from PFAS

Two bills that would protect firefighters from harmful chemicals have been gaining traction in the House. A group of chemicals called PFAS, also known as "forever chemicals," are widespread and long-lasting chemicals used to make products and coatings that are heat resistant and repel water and oil.

House Bill 1341, by Rep. Julie Olthoff, R-Crown Point, which would require labeling in gear indicating whether it contains PFAS, passed the Senate unanimously on March 27 and will soon reach the governor.

House Bill 1219, by Rep. Maureen Bauer, D-South Bend, which would establish a pilot program to test firefighters across Indiana for their exposure to PFAS, passed the Senate Appropriations committee unanimously on March 30 and heads to the Senate floor.

Energy reliability pitted against consumer affordability

As the grid and energy industry undergoes a major transition, many officials are worried about maintaining the system's reliability so customers can count on the lights turning on. A suite of utility-related bills this session is aimed at that topic and helping the state smoothly update and transform the power industry.

House Bill 1417 would establish a list of various costs that utilities are allowed to defer and then ask customers to cover later. They say this can help utilities pay for unplanned changes that come up in providing service. It's awaiting a final vote on the Senate floor.

Senate Bill 9 was amended in the House to include similar provisions as House Bill 1417. It allows utilities to begin doing work related to federal mandates without getting prior approval from the state utility regulator, and later seek recovery for those costs from customers. Gov. Eric Holcomb signed the bill on March 22.

Others are reading: Concerns about blackouts in the Midwest pit renewables against fossil fuels

House Bill 1420 would give utilities first dibs on projects to upgrade and expand transmission infrastructure, which is needed to get the energy from where it's produced to where it's needed. But there are some questions on if this bill closes the competitive bidding process. It passed out of the House on Feb. 20 by a vote of 59-39 and has been referred to the Senate Utilities Committee, but has yet to be scheduled for a meeting.

House Bill 1421 would expand incentives for utilities to build natural gas plants by allowing the power companies to bill customers for the cost of constructing the plant while building it, rather than waiting until it's generating electricity. This bill was voted out of the Senate on March 21 by a 31-10 vote. The House concurred with the Senate amendments by a 65-28 vote on March 28.

Housing infrastructure loan fund

House Bill 1005, a bill to establish a revolving fund for local governments to provide infrastructure for housing development passed out of the Senate Appropriations committee 10-1 on March 30 amid opposition from housing advocates that it does not require housing to be affordable.

Water pipes, sewage lines, sidewalks, and other critical infrastructure are some of the costly things that housing developers need to build new homes. The fund aims to support this and lower the cost of building new housing, as part of a Statehouse push to address Indiana’s housing shortage.

Helping police in the era of permitless carry

A bill that would help Indiana law enforcement in the era of permitless carry has now passed both chambers after the House approved it 85-6 on March 22. It's heading to the governor.

Senate Bill 136 would make more information available to officers in the field to help them gauge whether someone with a gun has a criminal or court history that suspends their right to have a gun.  Officers would have access from data from the state’s protection order registry and detailed information on someone’s criminal justice history.

Right after a disqualifying conviction is decided against a defendant, courts would also be required to report that conviction to state police. Officers will then be able to see that information when they run a quick background check on someone they've stopped or pulled over.

'Don't say gay' bill

House Bill 1608 was originally modeled on Florida's so-called "Don't Say Gay" bill but was amended in the House education committee to also prohibit the use of chosen names and pronouns by transgender students without written permission from their parents.

U.S. Congress: A federal bill on hot-button education issues moved forward. How your representatives voted

The bill would also require schools "out" transgender students who make such a request to their parents and allows teachers to continue using names and pronouns that match a student's sex assigned at birth, even if parents have requested otherwise. A Senate committee changed the bill to specify a teacher cannot be disciplined for following their "religious conviction" in ignoring name changes.

It passed the Senate education committee 9-4 March 22 along party lines. It now heads to the Senate floor.

Pet store bans

Senate Bill 134, authored by Sen. Blake Doriot, R-Goshen, would roll back Indianapolis's live animal pet store ban as well as prevent cities from implementing any future bans targeting the sale of puppy mill dogs in stores.

While supporters say this bill protects responsible local businesses, opposition said it will allow illegal breeders to continue and takes a tool away from local governments.

The bill passed the Senate 29-18 in late February and had its first hearing before the House Agriculture and Rural Development committee on March 20, but the committee is holding it for a vote.

Indiana National Guard

A House bill that has split the usually unified veterans advocacy community is heading to the governor's desk, having been signed by the leaders of the House and Senate. It passed the Senate March 16 by a 34-13 vote.

House Bill 1076, authored by Rep. Chris Jeter, R-Fishers, would strip an Indiana National Guard member's ability to ask for a court-martial trial instead of a non-judicial punishment, which is the punishment a commander can decide after giving the soldier a chance to present their case. Another part of the legislation seeks to grant the adjutant general ― the head of the Indiana National Guard ― the ability to convene higher-level trials for serious crimes such as sexual assault, a power that currently lies only with the governor.

More: Veterans advocates oppose bills removing right to court-martial at Indiana National Guard

Marion County housing development

House Bill 1157, a bill to expand for Marion County a powerful tool for incentivizing residential housing development, passed the Senate Local Government committee March 23 and now awaits a hearing in the Senate Tax and Fiscal Policy Committee.

Housing tax increment financing has been used by Indianapolis in four areas since 1988: Fall Creek Place, the Near Eastside, Barrington and Martindale-Brightwood. But it has been extremely narrow in use due to strict eligibility requirements.

The legislation fixes an unintentional limitation of Marion County from using the incentive program that happened because its redevelopment commission is governed by a different set of laws than other counties.

County health departments

Senate Bill 4, the bill carrying the recommendations of Gov. Eric Holcomb's public health commission to address Indiana’s poor health metrics, had its first lengthy hearing in the House Public Health committee on March 14, but hasn't had a vote yet. Authored by Sen. Ed Charbonneau, R-Valparaiso, the bill passed the Senate Feb. 23.

If funded, it would flood local health departments with more state dollars in exchange for opting into a new set of standards for what services local health departments must offer. It’s an optional program, but state health officials say they hope all 95 local health departments — one for each county, plus Gary, East Chicago and Fishers — will participate.

Highway work zones

Republican Rep. Jim Pressel's fourth attempt at getting the Indiana legislature to establish a pilot program testing speed cameras in highway work zones has been stalled on the Senate floor since mid March. It had passed the Senate transportation committee 8-1 March 14 ― the furthest his legislation has come.

Under the pilot program outlined in House Bill 1015, those who drive more than 11 mph above the speed limit when workers are present in a highway worksite could be fined up to $150 for repeated violations. Revenue collected would go to the state general fund.

Banning school library books

For several years, lawmakers have been attempting to remove schools from the list of entities eligible for a specified defense to criminal prosecutions alleging dissemination of material harmful to minors.

Supporters of Senate Bill 12 say it's needed to get pornography and other obscene, inappropriate materials out of school libraries and to protect children. Opponents say it amounts to book banning and seems to target LGBTQ youth.

The bill was passed by the Senate Feb. 28 and is awaiting a hearing from the House education committee.

Public pensions

Lawmakers in both chambers have filed and passed legislation that would prevent the state’s public retirement system from working with banks or investing in funds that prioritize environmental, social or governance policies, including those that have restrictions on certain industries, such as coal or firearm manufacturers.

House Bill 1008 was passed by the House Feb. 27, after getting held up by a fiscal analysis estimated that it would cost Indiana's Public Retirement System $6.7 billion over the next decade. An amendment was adopted, lowering the estimated cost to $550,000 annually. The bill, carried by Rep. Ethan Manning, R-Logansport, is priority legislation for the House Republicans caucus.

A similar bill passed the Senate Feb. 20. Senate Bill 292 was authored by Sen. Travis Holdman, R-Markle.

Another bill, Senate Bill 268, would require the Indiana Public Retirement System to divest from Chinese companies. It was passed Feb. 28.

Funding mental health support

Senate Bill 1, Republican Sen. Michael Crider's mental health bill, passed the Senate unanimously on Feb. 13 and is moved to the House.

The bill would establish a framework to strengthen the state's community mental health centers and 988 suicide and crisis hotline. A $30 million appropriation to these clinics was stricken from the bill and will become a Senate budget request instead.

The money would help the clinics receive federal funding opportunities and to send help or provide a safe space when people call the 988 suicide hotline. A House budget request would establish a $1 service charge on phone bills to help fund 988 response services.

Exempting military reserves from income tax

A House bill that would exempt active duty military from the individual income tax in Indiana passed its first Senate committee unanimously on March 7. Because it would impact state revenues, it now goes to the Senate Tax and Fiscal Policy committee.

The Legislative Services Agency estimates revenue loss to the state would grow up to $22 million by 2028. But House Bill 1034's author, Rep. Randy Frye, R-Greensburg, believes the impact wouldn't be so severe because, as it stands today, these active duty military often abandon Indiana as their home state to avoid the income tax. The Veterans Coalition of Indiana puts the number of veterans who leave the state at 3,400 a year, and says retaining those soldiers and their families would keep dollars in Indiana's economy.

The House passed it unanimously Jan. 19.

Eliminating physician noncompete clauses

Senate Bill 7, which proposes getting rid of noncompete clauses for physicians, passed the Senate 45-5 on Feb. 7 and is waiting for a hearing in the House.

Authored by Sen. Justin Busch, R-Fort Wayne, the bill's sweeping proposal would go against common industry practice in the hopes of removing barriers to competition and, theoretically, lowering prices for consumers. Noncompete clauses are often written into doctors' employment contracts to restrict them from working at a different hospital within a certain geographic area after they leave their current job to protect the bottom line of the employer they are choosing to leave.

More: Eyeing health care costs, Indiana lawmakers want to ban doctor noncompetes

The physician shortage and health care affordability is in such disarray in Indiana that Republican senators moved the bill forward despite some describing it as "extreme" in its current form.

Decriminalizing HIV exposure

A bill seeking to bring Indiana law up to speed with medical science on the spread of HIV passed the House 78-19 and is waiting for a hearing in the Senate.

Laws on the books since the 1980s single out people living with HIV and give them stiffer penalties for certain acts, from donating blood or semen to spitting on another individual. The modern scientific consensus today is that HIV cannot be transmitted through spitting, and people living with HIV can safely give blood if they're being treated and have an undetectable trace of the virus.

House Bill 1198, authored by Rep. Wendy McNamara, R-Evansville, would eliminate those stiffer penalties — felonies — for people living with HIV.

Residential tax increment financing

In an effort to address the state's affordable housing shortage, a bill that removes requirements for using tax increment financing for housing development passed out of the Senate 28-19 on Feb. 2, moving onto the House. Senate Bill 300 strikes the requirement that school boards affected by tax increment financing programs approve them before they can happen.

It removes the current requirement that an area have less than 1% of its total houses be equal to the average of new houses be built in the previous three years before it can establish a TIF area.

Opponents said that the bill does not require the new homes to be affordable, takes away the right of school boards, which rely upon property taxes, to oppose TIF districts.

Holding nonprofits accountable

A bill to expand the Attorney General's legal authority to hold nonprofit corporations accountable for mismanagement passed out of the House 77-19 on Jan. 30. It now moves to the Senate for consideration.

House Bill 1075 comes after Attorney General Todd Rokita's prolonged fight last year against a negligent nonprofit corporation landlord that failed to pay water bills despite collecting tenants' rent in Indianapolis, leading to the water utility company cutting off water to apartments.

A similar bill, Senate Bill 278, was heard in the Senate Judiciary committee on Jan. 25 to criticism from committee chair Sen. Liz Brown, R-Fort Wayne, who said it might harm small nonprofits that are well-intentioned but poorly managed. It passed unanimously out of the Senate on Feb. 28. It now moves to the House for consideration.

Others are reading: AG Todd Rokita faces probe by state disciplinary commission. Here's what comes next

Protesting outside homes

On Feb. 21 the Senate passed by a 29-16 vote Senate Bill 348, which would make protesting or picketing outside a residence with the intent to harass a class C misdemeanor. Protestors would face arrest if law enforcement asks them to leave and they ignore the command.

A Class C misdemeanor carries a maximum penalty of 60 days in prison and a $500 fine. It's the least severe misdemeanor possible in Indiana.

The bill, authored by Sen. Scott Baldwin, R-Noblesville, is now in front of a House committee.

Vehicle tax

Indiana could pass a first-of-its kind bill to tax semi-trucks running on alternative fuels to make up lost revenue INDOT uses for roadwork. House Bill 1050, authored by Rep. Jim Pressel, R-Rolling Prairie, would also increase a registration fee for hybrid and electric vehicles.

The bill passed the Senate transportation committee 8-1 on March 14 and is now headed to Appropriations.

Contact IndyStar state government and politics reporter Kayla Dwyer at kdwyer@indystar.com or follow her on Twitter @kayla_dwyer17.

This article originally appeared on Indianapolis Star: Indiana Statehouse roundup: Here's what happened March 27-31