Indiana legislature – Page 8

The World’s Worst Legislature

Harrison Ullmann used to call the Indiana General Assembly “The World’s Worst Legislature.”

At the start of each legislative session, my husband used to warn everyone to watch their pocketbooks and count their spoons–“Like the shark in Jaws, they’re baaack…”

Yesterday, I linked to the Star article detailing the cozy relationships, conflicts of interest, and general lack of sensitivity to ethics that characterize the Indiana legislature. Today’s lesson involves a law that has been sailing through the process with little or no conversation–a measure that illustrates perfectly the perils of being a city in a state with no home rule in a state governed by a herd of petty dictators.

Senate Bill 213 would invalidate Indianapolis’ hard-won ordinance that protects gays and lesbians against job discrimination. By its terms, the law–which has passed both houses and awaits Mike Pence’s signature–denies cities and towns the right to pass employment measures inconsistent with state or federal law. The sponsors insist that their goal was to address the hodgepodge of wage and hour laws around the state, not to invalidate the grant of civil rights, and profess surprise that the measure could be interpreted to do so.

Either the sponsors are being disingenuous, or they are unbelievably naive. By its terms, the bill invalidates any provision of an employment contract that gives employees benefits not granted by the state or required by the federal government. Nowhere does the language limit its effect to wages.

Municipalities in Indiana whose own residents have engaged in the democratic process and passed civil rights protections for GLBT employees include Bloomington, Lafayette and West Lafayette, Michigan City, South Bend, Fort Wayne, Evansville and New Albany. But then, what do the citizens of those cities know? Why should they be allowed to make their own decisions about the requirements of fair treatment?

Even if you believe that this is a case of unintended consequences, the essential lesson remains: our arrogant lawmakers believe they know better than local folks what we should be able to pay workers and how we should be able to treat them. That attitude is manifest in the discussions about mass transit–why should we allow central Indiana residents to decide for themselves whether they want transit enough to pay for it?

I remember the political activism that preceded Indianapolis’ passage of the current ordinance. A lot of people worked very hard to pass the measure–exactly the sort of civic activism that all politicians claim to respect, and that teachers try to encourage.

Yesterday, during a discussion of political activism, several of my undergraduate students justified their political apathy by expressing a belief that individuals really can’t do anything that would change or otherwise affect “the system.”

Indiana’s legislators are working hard to prove them right.

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Conflicts of Interest

Matt Tully has begun a series of articles highlighting the numerous conflicts of interest at the Indiana Statehouse. My husband’s reaction was “so what’s new?” And it is depressingly true that here in the Hoosier state we get these revelations every few years. Nothing seems to change.

On the one hand, there is a legitimate dilemma in states like Indiana, where our legislature is part-time and those we elect have “real world” jobs. One of the arguments for such legislative arrangements is that those who serve will have expertise in the private sector that can illuminate the lawmaking process. If a state representative knows a lot about banking or insurance, for example, should we not avail ourselves of that knowledge?

The problem is, the sorts of conflicts Tully describes go far beyond recognition of specialized knowledge. It’s one thing to listen to a legislator-banker’s opinion on a pending bill, and another to put him in a position to advance legislation benefitting bankers–or worse, a position to derail efforts to regulate them.

I’ve talked with members of the City-County Council and legislature who simply cannot see their own conflicts. It’s easy to convince yourself that what’s good for your law firm, or industry, is good for the city or state as a whole–that you are actually adding value because of your specialized knowledge. But human nature being what it is, it is a very rare individual who can shake off the attitudes and interests of their daily experience and look objectively at proposed rules that will affect his own livelihood.

The examples Tully describes are well beyond the pale. Unfortunately, these conflicts are not new to the Indiana landscape. Whatever corrective measures may come from the first article, or others in the promised series of revelations, it would be comforting if we dealt with the problem this time around by thoroughly revising the system that continues to produce these ethical lapses.

It’s long past time to impose a meaningful code of ethics on the Indiana General Assembly. One that might remind our lawmakers that they are supposed to be acting in the public interest–not their self-interest.

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Define Benefit

State Senator Luke Kenley is quoted in a news story about the public transportation bill currently before the General Assembly.

“I have a surprisingly large number of constituents who are strongly opposed to this,” says Sen. Kenley (R-Noblesville.) “They just feel like it’s going to be a tax increase on them without any particular benefit.”

There are a number of responses that come to mind: the most obvious is that all the bill requires is an opportunity for the citizens who will be taxed to vote on the matter. Those opposed will have an opportunity to make that opposition known.

That said, the belief that those who wouldn’t use public transportation wouldn’t benefit from its availability is incredibly short-sighted. We all benefit from cleaner air, economic development and improved quality of life–all outcomes associated with the availability of good public transportation systems. The attitude displayed by Kenley’s constituents reminds me of people who don’t want to support good schools, because their own children are grown, despite ample evidence that a good school system adds to property values and an educated workforce is a requirement for economic development.

These are all tangible benefits that even the whiners will enjoy. But we might also wonder whether there isn’t some intangible benefit in creating a community that works for everyone, not just the self-satisfied “makers” with two cars parked in the garage of their suburban home in a gated community.

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Fun with Trans-vaginal Probes….

It was only a momentary diversion, but yesterday the Indiana Senate debated a proposed amendment to the offensive bill requiring (among other things) that poor women wanting prescriptions for abortifacants undergo two trans-vaginal probes.

Here’s the relevant language:

“Before giving, selling, dispensing, administering, prescribing, or otherwise providing an erectile dysfunction drug to a man showing symptoms of erectile dysfunction, a physician licensed under IC 25-22.5 shall do the following:

(1) Examine in person the man showing symptoms of erectile dysfunction.

(2) Conduct a prostate examination or oversee a prostate examination by an individual who is licensed or certified in Indiana and whose scope of practice includes the conducting of a prostate examination.

(3) Document the following information on the patient’s medical records:

(A) The size of the patient’s prostate.

(B) Whether the patient is showing symptoms of benign prostate problems.

(4) Provide the following information to the man diagnosed with erectile dysfunction:

(A) A copy of the final printed drug label.

(B) The name and telephone number for the physician who prescribed the erectile dysfunction medication and information for follow-up care in the event of an adverse event described in section 2 of this chapter.

(c) A physician licensed under IC 25-22.5 who gives, sells, dispenses, administers, prescribes, or otherwise provides an erectile dysfunction drug to a man shall schedule a follow-up appointment with the man at approximately fourteen (14) days after prescribing the erectile dysfunction drug to:

(1) conduct a physical exam, including an electrocardiogram, to ensure that the man is healthy enough for continued sexual activity; and assess the degree to which the erectile dysfunction drug has aided in temporarily relieving the symptoms of erectile dysfunction.

(d) The physician described in subsection (c) shall make a reasonable effort to ensure that the patient returns for the follow-up appointment described in subsection (c), including recording in the patient’s medical records:

(1) the date and time of the follow-up appointment;

(2) a brief description of the efforts the physician and the physician’s staff took to ensure the patient’s return; and the name of the individual who performed the efforts.

There’s more, but you get the idea.

Gee–I wonder why this eminently reasonable amendment, motivated solely by concern for the health of the male patient, was voted down.

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And the Black Helicopters Circle Above….

Just shoot me now.

Indiana has all kinds of real problems. Our education system is pretty much a wasteland. Our per-capita income levels are among the nation’s lowest. College graduates continue to leave the state in droves. Job creation is robust only in the imagination of the Indiana Economic Development agency’s PR flacks.

So what weighty issues occupy our genius legislators? How do they propose to solve these problems?

Well, the measure that would mandate the teaching of cursive has been moving through the process. The House Resolution that would place a ban on same-sex marriage and civil unions in the state constitution is once again a hot topic. Yesterday, the Indiana Senate unanimously passed a bill to make switchblades legal in Indiana. (And no, I am not making that up. The vote was 47-0.)

And also yesterday, a colleague helpfully sent me a link to this example of our legislature’s priorities:

A bill to prohibit implementation of Agenda 21. Provides that an Indiana governmental entity may not adopt or implement: (1) any policy recommendations relating to the United Nations’ 1992 “Agenda 21” conference on the environment and development that deliberately or inadvertently infringe on or restrict private property rights without due process; or (2) any other international law or ancillary plan of action that contravenes the Constitution of the United States or the Constitution of the State of Indiana. Provides that an Indiana governmental entity may not enter into any agreement with, expend any sum of money received from, or pay any money to, an “Agenda 21 organization”. Provides that any such actions are void.

For those who have somehow failed to encounter the threat that is “Agenda 21,” the reference is to a toothless measure passed back in 1992 by the United Nations, encouraging members of that body to care for the environment and urging members to consider various approaches to sustainable development. It included references to energy-saving strategies like mass transit. (The “21” stands for “21st Century.) To the crazy fringe, this modest set of non-binding proposals was and is an obvious communist/socialist/fascist plot–and an attack on American sovereignty. (Don’t ask me to explain the logic of this. There is no logic–just paranoia.)

These proposals join previously discussed efforts to make public school children recite the Lord’s Prayer, and to teach creationism in science classrooms. These are the pressing issues with which our elected officials occupy their time, at least when they aren’t searching the skies for those black UN helicopters…..

It’s embarrassing to be a Hoosier during the legislative session.

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