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Notice:
This confidential material
is for the exclusive use of ISNA members and subscribers. DO NOT
electronically distribute or photocopy this information under
penalty of federal law.
© 2004 Indiana State Nurses Association |
Executive
Director's Report from the State House
Legislative
Alert, Volume 24, No. 8
March 9, 2004
As was reported last week, the General Assembly adjourned late Thursday
night, March 4. According to many veteran observers, this was one of the
strangest and most unproductive sessions in memory.
The stage was set when results of the court-ordered statewide property tax
reassessments started coming in. Some areas of the state had huge property
tax increases. This comes at an inopportune time since all House members
and 50 members of the Senate are up for re-election in 2004. At stake is
control of the House where Democrats hold a thin 51-49 majority. And, the
House race that tipped the scales was determined by only 36 votes.
The General Assembly met in late November for Organization Day. Usually
this meeting lasts for a day or two and then members recess until after
the first of the year. However, they met for two weeks in December to
tackle property taxes and other issues. (Never mind that state tax
revenues continue to lag behind projections.) While there was a lot of
discussion, no significant progress was made on these issues.
The General Assembly reconvened in January to continue its work. The House
filed 445 bills and the Senate 503 bills. Then a couple of weeks later,
Governor Kernan, who decided to run for Governor after all, announced in
his State of the State address that all-day kindergarten was his priority
for the session.
Then, during the week of February 23, everything came to a halt in the
House. The sticking point was Speaker Patrick Bauer’s (D-South Bend)
refusal to hear a resolution (passed the Senate 41-7) that could lead to a
state constitutional amendment defining marriage as the union between a
man and a woman. Speaker Bauer and Governor Kernan contended Indiana
already has such a law and a constitutional amendment was not needed.
The House Republicans decided it was imperative to protect the sanctity of
marriage by proposing an amendment to the Indiana Constitution banning
same sex marriages. When members tried to discuss the issue and bring
motions to the floor, the Speaker did not acknowledge them. As a result,
the entire GOP membership, lead by Minority Leader Brian Bosma
(R-Indianapolis), left the House chamber. Their absence deprived the House
of a quorum. And yes, that week counted as session days and the
legislators collected their per diem for “being in session.”
With the lack of a quorum, the House passed only 19 of the 166 Senate
bills it received. Many Senate bills survived by being added to other
bills in conference committee. (See HB1320 and HB1151 as examples). The
Senate acted on 82 of the 128 House bills it received.
Bills That Made It
HB1098 - Child Restraints In Motor Vehicles. Authored by ISNA member and
State Representative Peggy Welch D- Bloomington. For more information on
the bill go to:
www.in.gov/legislative/bills/2004/HE/HE1098.1.html
HB1171 - Stroke Prevention Task Force. An RN would be one of the
appointees.
HB1194 - Child Abuse. This conference committee report does the following:
Provides that a court may place a child in the home of a person having a
substantiated report of abuse or neglect, or in the home of a person who
has committed certain crimes or delinquent acts, if the court makes a
written finding that the placement is in the best interest of the child,
and that the conviction, adjudication, or substantiated report is not
relevant to the person's present ability to care for a child, and
specifies certain factors that the court must consider in its order.
Prohibits a court from placing a child in a home with a person who has
committed specified felonies or juvenile offenses.
HB1251 - Medications. This conference committee report adds the content
of:
(1) SB 70 (repealed requirement that a provider report discounts that are
received);
(2) SB 111 (drug regimens in health facilities); and
(3) SB 113 (return of unused medicines).
HB1320
This conference committee report: (1) keeps HB1320 language concerning tax
levies for community mental health centers with changes but removes
Indiana Department of Health (ISDH) language; (2) changes nursing facility
assessment language to provide alternative modifications to the state
Medicaid plan and waiver request and extends assessment; (3) adds SB0161
as the bill left the Senate; (4) adds language from SB 428 concerning the
disclosure of certain health record information, implementation of
alternative payment methodologies, and changing of retrieval charges to
labor charges; and (5) adds language that requires the state budget
committee to remove disproportionate share payments to community mental
health centers and make recommendations to the General Assembly.
HB1350 - Commission on Health Care Interpreters and Translators.
SB41 - Home Health Care and Hospice Services Council. An RN with
certification in hospice and palliative medicine and an RN experienced in
home health care to be appointed by the Governor.
SB133 Advanced Psychiatric Directives.
Bills That Were Filed But Did Not Get A Committee Hearing:
HB1128 - Advisory Council on Pain and Symptom Management.
HB1211 - Fetal Viability.
SB0085 - Fetal Development Curriculum.
SB0015 - Abortion Clinics.
SB0049 - Dispensing of Abortion Devices or Drugs.
SB0134 - Abortion Requirements.
SB0174 - Fetal Viability.
SB0062 - Medicaid Waiver for Family Planning Services. (Actually this
passed out of committee but was not called for second reading – read my
report #4 from 2/6)
SB0046 - Certificate of Need.
Bills Passing One Chamber But Not Getting A Committee Hearing In The
Second
HB1105 - Physician and Nurse Continuing Education. (Reporting of amount –
no minimum requirement)
HB1014 - Childhood Obesity. This passed the House, did not receive a
Senate hearing, and then was stripped into a Senate bill in House
Committee. It came before the House again for a vote and failed as the
House Republicans walked out during the debate and there was not a
constitutional majority to vote on the bill.
SB0359 - Moratorium on Comprehensive Care Beds and Hospitals.
Please refer to the digests lists or go directly to
www.in.gov for the full
bill information. We anticipate one final update to let you know when (or
if) the Governor signed the bills. Most will be effective July 1, 2004.
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