Despite bickering, Church’s legislative efforts at Statehouse a success

By Brigid Curtis Ayer

As the Indiana General Assembly winds down and nears its March 14 adjournment deadline, Church officials see this year’s legislative efforts as a success in spite of declining state revenue and partisan bickering.

“With the ‘short session’ being a political wind-up to an April campaign season for state lawmakers, we entered the session with a hopeful attitude that lawmakers would do no harm to school choice or immigration policy,” said Glenn Tebbe, Indiana Catholic Conference executive director. “We were able to stave off attacks on both fronts, which were waged against a new school choice law and against families and children of our immigrant community.”

In an attempt to fix the $300 million funding cuts in education, the House and Senate offered legislation to allow school corporations to borrow from other education funding sources. Rep. Greg Porter’s (D-Indianapolis) bill, House Bill 1367, included funding flexibility for school corporations.

At least twice during the session, Rep. Porter amended a scholarship tax credit delay into education proposals he controlled in the House Education Committee, which he chairs. During committee hearings, he said that the delay was a means to save tax dollars. However, Rep. Bob Behning (R-Indianapolis) said that the scholarship tax credit saves tax dollars.

Last year, lawmakers passed a school choice initiative allowing a scholarship tax credit of 50 percent to corporations or individuals for donations made to qualified Scholarship Granting Organizations (SGO’s). These SGO’s would then provide grants to lower- and moderate-income families for school tuition or other school-related costs at the public or private school of the parents’ choice.

“When an effort to delay the new scholarship tax credit became part of the education funding debate, that was a big concern for our diocesan education officials, who have been working to create an SGO in each diocese so they can deliver scholarships for children attending a Catholic school for the first time,” Tebbe said. “These scholarships may be awarded as early as in the fall of 2010.”

The House and Senate agreed to a compromise regarding the flexible funding which allows school corporations to transfer up to 10 percent of the capital funds levy for instructional purposes.

Five percent may be used without conditions, but if the full 10 percent is utilized, the school corporation must freeze salaries. While a compromise was negotiated, final agreement and signatures from the four conferees is pending.

“Thankfully, the scholarship tax credit delay was dropped and was not discussed as part of the final school funding compromise,” Tebbe said.

A proposal aimed at undocumented immigrants, which focused on enforcement, also failed this year. Senate Bill 213, the unauthorized alien bill, would have required local and state government entities to become involved in verifying citizenship of individuals suspected of being undocumented. The proposal, which passed the Senate by a 46-4 vote, increased penalties for knowingly employing or assisting undocumented persons. The bill did not get a hearing in the House and died.

“Comprehensive immigration reform is needed, but it must be addressed on the federal level,” Tebbe said. “Senate Bill 213 would have created more fear and hardship for those of our immigrant community, most of whom are doing all they can to obtain citizenship.”

Senate Bill 71, the involuntary manslaughter and pregnancy bill, also known as “Drew’s Bill,” provides that a drunk driver who kills a viable fetus commits the crime of involuntary manslaughter. Sen. Allen E. Paul, R-Richmond, authored the bill following an incident involving one of his constituents, who suffered the lost of her unborn son, Drew, when her car was struck by a drunk driver.

The bill passed both the Senate and the House. It now awaits the signature of Gov. Mitch Daniels to become law.

“The legislation is not a traditional pro-life bill in the sense that it directly limits or abolishes abortion, which the Church is always working toward. However, giving the unborn rights under the law by recognizing them as a persons is a step in the right direction,” Tebbe said.

While the Indiana Catholic Conference had legislative successes this year, there is more work to be done to protect the institution of marriage. The marriage amendment, Senate Joint Resolution 13 authored by Sen. Carlin Yoder (R-Middlebury), which would have amended Indiana’s Constitution to define marriage between one man and one woman, was discussed during the General Assembly.

The Senate passed the measure, but it failed to gain a hearing in the House and died there.

The Indiana Court of Appeals upheld the legislative intent of marriage when the law was challenged in 2007. However, future challenges to Indiana’s marriage law could result in it being overturned.

“There is not an immediate threat to the current law, but the sooner [the amendment] passes the better,” Tebbe said. “The marriage amendment is expected to be offered again next session.”

While the Indiana General Assembly must adjourn by midnight on March 14, there are many federal issues that the Church will be involved in which Catholics are encouraged to participate.

To join the Indiana Catholic Action Network (I-CAN) or to use the Legislative Action Center, log on to the Indiana Catholic Conference Web site at www.indianacc.org.

(Brigid Curtis Ayer is a correspondent for The Criterion.) †