ILNews

Legislators taking time to investigate

Back to TopCommentsE-mailPrintBookmark and Share

At one point, Sen. Travis Holdman wondered what else could go wrong.

The Markle Republican had been assigned as co-chair of the Department of Child Services Interim Study Committee in the Indiana General Assembly. With 11 years of experience in child protective services, Holdman had asked Senate President Pro Tem David Long, R-Fort Wayne, to be appointed to the committee.

Holdman had knowledge of the state agency and an interest in children’s issues. However, in the summer and fall of 2012, outrage was growing over some of the practices of the DCS, especially in regard to its centralized hotline.

The committee first met on Aug. 22, 2012, and in five subsequent meetings spent hours listening to testimony and reviewing DCS policies. Stamping out political fires and corralling the intense media scrutiny were among the challenges Holdman faced.

Unforeseen events brought new interruptions and distractions.

About a month after the committee started, DCS Director James Payne resigned under fire for intervening in a case that involved his family. Then the committee’s other co-chair, Rep. Cindy Noe, R-Indianapolis, lost her legislative seat in a hotly contested election.

That’s when Holdman asked, “What else can go wrong with this committee from an administrative standpoint?”

Rep. Kevin Mahan, R-Hartford City, was named co-chair and Rep. Rebecca Kubacki, R-Syracuse, who was appointed to fill Noe’s seat, became a committee member. Kubacki was familiar with the committee’s work having attended some of the meetings, but she still had to spend hours going over the details with Holdman.

The DCS Interim Study Committee held its last meeting Nov. 27. At Holdman’s request, the committee had been granted special permission to continue its work and file its final report after the Nov. 1 deadline.

While the DCS Interim Study Committee faced uncommon circumstances, the work that it did is not unusual. The study committees that are formed by the Legislative Council and meet when the Legislature is out of session are seen as a key component of the lawmaking process. Advocates say through the interim groups legislators have time to investigate issues and solicit the views from experts in a given field.

“I think they’re essential,” said Rep. Greg Steuerwald, R-Danville, pointing out that certain issues cannot be dealt with adequately during a session. “If the summer study committee is focused and does its job, we produce some very good legislation.”

Messy, thoughtful process

The Legislative Council is scheduled to meet May 23 at the Statehouse to determine the interim committees and the topics to be reviewed. From there, senators and representatives will be assigned to the different groups.

Oftentimes, topics are routed to interim committees for a full vetting. Other times, issues are given to study groups as a way to buy time while public opinion catches up or as a way to bury an issue that is not thought to be good public policy.

Pointing to the number of bills that get filed – more than 2,000 in 2013 – John Ketzenberger, president of the Indiana Fiscal Policy Institute, said tackling issues and giving them a thoughtful examination is difficult during a regular session, especially in a part-time Legislature.

Many of the bills never get a hearing. Those that do get attention will be squeezed onto a standing committee’s loaded agenda. Not surprising, these committees have little time, if any, to hear multiple people testify and review piles of documents.

As executive director of the ARC of Indiana, an agency for people with developmental disabilities, John Dickerson has testified before interim study committees and watched the groups craft legislation. The interim format gives citizens and interested parties the opportunity to speak to the committee and build relationships with legislators.

Hearing many individuals discuss complex issues can make the interim committee process messy. Interested parties that testify may not get what they want or the committee may not propose any legislation.

Still, Dickerson sees value in holding interim studies.

“It is not always clear, it is not always clean, but it is the best way out there,” he said. “I think it is good democracy. It allows for people to study the issue and move it forward.”

Rep. Charlie Brown, D-Gary, agreed that interim committees provide a forum for thoroughly vetting a subject, but he believes the structure of these committees could be improved.

Namely, Brown has been pushing for the interim committees to be populated with the members of standing committees that are studying similar topics. Instead of randomly selecting legislators to investigate subjects they may not be familiar with, he said, the leadership should assign the senators and representatives who work with comparable issues during the session.

Consequently, when the legislative session opens, bills coming from the interim committees would be able to progress more quickly to the floor, he said. Currently, the General Assembly experiences a lull of one or two weeks at the start of each session while the House of Representatives and Senate wait for the standing committees to crank out the bills.

“I think it is a good process, but there is a better process,” Brown said of interim committees. “If we’re going to do this during the summer, the issues should be assigned to standing committees instead of selecting individuals.”

In the Legislature

The DCS Interim Study Committee recommended a handful of bills, the most significant of which was the establishment of the Commission on Improving the Status of Children.

To shepherd the proposed legislation through the General Assembly, four members from the interim committee – Holdman, Mahan, Kubacki, and Indiana Justice Loretta Rush – along with John Ryan, who served as interim director of DCS after Payne resigned, met every Tuesday morning.

The individuals convened to ensure that nothing fell through the cracks, Holdman said. They made sure they were saying the same thing and getting the facts straight so they could quickly dispel any rumors.

Bills coming from an interim committee generally carry more weight among the legislators because these measures are perceived as having been mindfully studied. When colleagues had questions about proposals from the DCS interim committee, Holdman was able to refer to discussions among the committee members and how a consensus was achieved.

One significant bill that came from an interim committee is headed back for additional work. The overhaul of the state’s criminal code, House Enrolled Act 1006, was the product of the Criminal Code Evaluation Commission and passed through the Legislature in the 2013 session.

Although the measure prevailed in the Statehouse and was signed by Gov. Mike Pence, the legislation will be taken up by an interim committee this summer. Namely, the committee will be charged with reviewing sentencing issues and taking a closer look at the costs of alternative probation programs.

Steuerwald, author of HEA 1006, called the CCEC the best study committee on which he has ever served. Members spent thousands of hours reviewing the state’s criminal code line by line and drawing insight from a broad cross-section of experts including prosecutors, public defenders and probation officers.

The members of the CCEC knew they were there to get a job done. “It was a good effort,” Steuerwald said, “and (HEA) 1006 is a really good bill.”•

--------------------

New laws

Here is a snapshot of some of the bills that Indiana Lawyer covered during the 2013 legislative session that have been signed into law.

Senate Enrolled Act 125: establishes child fatality review committee and Commission on Improving the Status of Children in Indiana

SEA 164: allows a prosecuting attorney to request a juvenile court to authorize the filing of a petition alleging that a child is a child in need of services

SEA 224: describes the duties of delegates and alternate delegates to a convention called under Article V of the United States Constitution

SEA 225: provides for the appointment of delegates and alternate delegates by the General Assembly to a convention called under Article V of the U.S. Constitution

HEA 1006: overhauls Indiana’s criminal code

HEA 1016: provides additional circumstances under which a person can participate in a problem-solving court program

HEA 1054: provides that the Indiana Secretary of State may refuse to accept certain filings or records. Bill targets “sovereign citizens” who have been filing fraudulent Uniform Commercial Code financial statements against civic leaders and using SOS documents in fraudulent real estate transactions.

HEA 1320: specifies after June 30, 2014, the pecuniary liability for workers’ compensation and occupational diseases compensation payments to a medical service facility

HEA 1482: provides that a court shall expunge records concerning misdemeanor convictions and minor Class D felony convictions under certain circumstances and that a court may expunge records concerning more serious felony convictions

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

ADVERTISEMENT