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Representative Ed Clere
Indiana State House of Representatives



ARTICLES/LETTERS FROM
REPRESENTATIVE ED CLERE



CLERE: Prepare now to avoid identity crisis later


By ED CLERE

NEW ALBANY — Later this month, my 12-year-old son John will attend the 2010 National Scout Jamboree at Fort A.P. Hill, Va. More than 40,000 Boy Scouts and adult leaders will spend 10 days camping, participating in countless activities and celebrating the 100th anniversary of scouting.

The first jamboree was held in 1937 in Washington, D.C. Because of World War II, the next jamboree was not until 1950. Since then, it has been held every three to five years.

How times have changed. The first jamboree was scheduled for 1935, but it was postponed because of a polio epidemic. That, of course, was during the Great Depression. Most scouts arrived at the jamboree by train. Among them was my late father-in-law, Eugene McCord, who was hoping to visit this year’s jamboree.

He and John spent a lot of time talking about jamboree. Eugene died suddenly in May, so he will be at the jamboree in spirit only. An Army veteran of World War II, he was buried with military honors.

In addition, the burial service honored his scouting experience. John wore his own scout uniform with Eugene’s scout hat and his neckerchief from the 1937 jamboree. It was a tribute to a beloved grandfather and a nod to a bygone era.

How times have changed. The Great Depression and the heyday of passenger train travel are fading from living memory. And we no longer worry about polio, but we have plenty of other things to guard against, including terrorism. Fort A.P. Hill is an active military installation, and a government-issued photo ID is required for entry.

Last week, my wife, Amy, took John to the license branch in New Albany to get an identification card. How times have changed. Since John did not already have an ID, he was subject to Indiana’s new SecureID measures, which require applicants for a new driver’s license or ID card to prove their identity. Most of us will encounter the new requirements when we go to renew our driver’s license.

SecureID is Indiana’s implementation of requirements in the 2005 federal REAL ID Act, which was a response to the findings of the 9/11 Commission. The commission noted, “All but one of the 9/11 hijackers acquired some form of U.S. identification document, some by fraud. Acquisition of these forms of identification would have assisted them in boarding commercial flights, renting cars and other necessary activities.”

A recommendation in the report states, “Secure identification should begin in the United States. The federal government should set standards for the issuance of birth certificates and sources of identification such as driver’s licenses. At many entry points to vulnerable facilities, including gates for boarding aircraft, sources of identification are the last opportunity to ensure that people are who they say they are and to check whether they are terrorists.”

SecureID started in January and will be implemented over the next several years as driver’s licenses and ID cards are renewed. When you apply for a new driver’s license, permit or identification card, you must present original versions or certified copies of the following documents:

• One document proving your identity. The most common documents are a United States birth certificate, a United States passport or a foreign passport with a VISA and I-94 form.

• One document proving your Social Security number. This could be your Social Security card, a W-2 form or a pay stub with your name and Social Security number on it.

• One document proving your lawful status in the United States. In most cases, the document you present to prove your identity will also prove your lawful status.

• Two documents proving your Indiana residency. The most common document you can use to prove your residency is a computer-generated bill showing your name and address of residence from a utility company, credit card, doctor or hospital. The bill may be no older than 60 days.

The documents will be scanned at the license branch, and you will leave with your originals — but not with your new license or ID card. After a verification process, your card will be mailed to you within 10 business days.

Amy wasn’t prepared for SecureID. After running around to gather documents and making three trips to the license branch, she was plenty frustrated, but she understood the need for the new requirements.

Obtaining certified copies of documents could take weeks — or longer — so plan in advance and allow plenty of time. Also, be prepared to document any name change. For example, a certified copy of a marriage license may be required to link a married name to a birth certificate. Additional information is available on the Bureau of Motor Vehicles website, www.in.gov/bmv, or by calling 888-692-6841.

If you’re renewing an existing license or ID card and can’t locate the necessary documents, you will have the option of getting a non-SecureID, which will be good for driving and voting, but not for any federal purpose, such as boarding an airplane.

Even if your plans don’t include air travel, a visit to a military base, federal building or other federal property, you will still need government-issued identification to vote and to buy alcohol in Indiana.

Last week, the Indiana Supreme Court upheld the state’s voter ID law. The issue will be prominent in this fall’s election for Indiana Secretary of State, the position that oversees elections. In addition, July 1 was the start of “universal carding” in Indiana. Anyone attempting to purchase alcohol for carryout must show ID, regardless of how old they look. The law provides an automatic defense for clerks who reasonably believed a person was older than 50.

It’s a new era, and it will take time to get used to the changes. The goal is greater safety and fairness, and we all can identify with that.




WhatChaNeed wrote:

How, in the great scheme of things, does asking a 60-year-old man for his ID make this country safer?

Why in Hades would a liquor store clerk need to see my name and address before I can pay for a bottle of wine?

Proving our identification to the state for a secure ID? Just more government intrusion into our daily lives, adding work and costs to citizens and state employees alike. Well let me tell you - it don't work. How so? Let me tell you what I did last month, as a form of protest...

I went to a local license branch office to change my address on my registrations and driver license. I was told I needed to 'prove' that I moved, and that a copy of a utility bill would suffice as proof. That's BS. Back home I went.

Rather than provide the nice lady with a copy of my original electric bill, I borrowed a copy of my brother's electric bill and his water bill, scanned them into my computer, used MSPaint to alter the originals, and printed them out on my nice Lexmark printer. Same thing with the water bill.

The clerk at the license branch didn't bat an eye. She made a copy of my bogus utility bills, took my money, gave me my new registrations, and mailed my driver license to me. (Took only four days to get the license, btw. Good show there.)

Anyway - I moved, my registrations and license have the correct info on them, and the State of Indiana has bogus utility bills in the system to 'prove' I live where I live. Never underestimate the stupidity of government.

All around the world, for many, many years, people have been making and selling, buying and using, false credentials such as passports, driver licenses, and Social Security cards. If it's so easy for some old fart to scam the State of Indiana, just how much good is your intrusive system?

How good? Useless, except to make you and other politicians feel superior.

Do you really think that a terrorist with an agenda and $10,000.00 is going to be unable to buy some false identification to 'prove' he is who he says he is? You're a fool if you believe that. But you're a secure fool.

As Benjamin Franklin wrote so many years ago: Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.




Jeff Gillenwater wrote:

'In short, we find strong and statistical differences with respect to access to valid photo identification that significantly reduces the opportunity to vote for minority, low-income, less-educated and young and old residents of Indiana.'

The above quote from the study:

THE DISPROPORTIONATE IMPACT OF INDIANA VOTER ID REQUIREMENTS ON THE ELECTORATE

http://depts.washington.edu/uwiser/documents/Indiana_voter.pdf




FuzzyR wrote:

Sounds like Mr. Gillenwater has put his finger on the real impetus behind the SecureID laws. We definitely are moving into a new era...




CLERE: School funding varies widely


By ED CLERE

> SOUTHERN INDIANA — This is the second in a series of three columns on K-12 education. Last week, I wrote about the history and status of school funding. Some readers may have been surprised to learn that public schools still receive the lion’s share of local property tax revenue; in Floyd County, it’s 57 percent.

K-12 schools also receive almost half of the state budget. How that funding is distributed is the subject of today’s column. Every school corporation and charter school receives a different amount, depending on various factors, and the amounts vary widely.

There are 293 school corporations and 56 charter schools (including one virtual charter school) in Indiana. Traditional public schools and charter schools (a different type of public school) receive funding based on the same formula, with a few exceptions that favor traditional public schools.

The median amount of state funding this year is $6,194 per student, but funding varies widely, from a high of $13,878 (Prairie Township Schools, a 37-student corporation in LaPorte that doesn’t actually operate any schools or employ any teachers, instead contracting with another corporation) to a low of $4,666 (International School of Columbus, a charter).

The New Albany-Floyd County Consolidated School Corp. is receiving $5,991 per student; its rank out of all 349 corporations and charters is 225. The Clarksville Community School Corporation is receiving $6,901 per student ($910 more than New Albany-Floyd); its rank is 72. Its funding is the highest among school corporations and charters in Floyd and Clark counties.

Greater Clark County Schools, which includes Jeffersonville, Charlestown and New Washington schools, is receiving $6,195; its rank is 174. West Clark Community Schools, which includes Silver Creek, Borden and Henryville schools, is receiving $5,592 per student; its rank is 312. Community Montessori School — a charter in Floyd County — is receiving the least funding of any public school in the two counties: $5,505. At 327, it ranks near the bottom. (Another charter, Rock Creek Community Academy in Clark County, will start operating this fall but will not receive any state funding until next year.)

The differences in funding among schools in Floyd and Clark counties are relatively minor. New Albany-Floyd and Greater Clark are among the largest school corporations in the state (15th and 19th, respectively, based on 2008-2009 enrollment). New Albany-Floyd is receiving $204 less per student than Greater Clark, but it is receiving $3,479 less per child than the Gary Community School Corporation, which, as the 13th largest school corporation in the state, is comparable in size. Looked at another way, New Albany-Floyd is required to educate almost 1.6 children for the same amount of money it takes Gary to educate one child.

Why the differences? Indiana allocates state funding for schools based on a complex formula. It takes a 10-page flow chart to illustrate how the formula works. I’ll try to simplify it.

The legislature establishes a minimum per-student funding level ($4,550 this year). Additional funding is provided based on the percentage of students who were eligible the previous year for free or reduced-price lunches — the higher the percentage, the greater the funding.

Funding is further increased by a number of grants. For example, schools are receiving an additional $900 this year for every academic honors diploma they awarded last year. They also receive more money based on special education and vocational enrollment. Another grant program is aimed at reducing class sizes in primary grades. Other grants favor some schools over others based on past funding or size, or both.

Last year, a legislative study committee started a two-year study of the funding formula. The Interim Study Committee on School Funding Formula will continue its work this summer; let me know if you would like to be informed of the committee's activities.

School funding can be a scary topic; there's even talk of ghosts — ghost students, that is. The funding formula provides for schools to continue to receive funding for students who are no longer enrolled — a so-called “deghoster.” Until this year, the formula phased out funding over five years; now it’s three.

In the first year after a student leaves, a school corporation receives two-thirds of the funding for the former student and then one-third the next year. It’s referred to as a three-year deghoster, but I always find it more useful to think of it as a two-year phase-out, because there is no funding in the third year after the student leaves. The old formula included a five-year deghoster, which left school corporations receiving 80 percent of funding in the first year after a student left, 60 percent the second year and so forth, until the funding was eliminated in the fifth year.

Looked at a different way, the five-year deghoster provided two years of complete funding for every ghost student, and the new three-year deghoster provides one year of complete funding. I arrived at this by adding the percentages under each formula: 80 + 60 + 40 + 20 = 200 (old formula); 67 + 33 = 100 (new formula).

The new deghoster represents a reasonable balance. Schools have many fixed costs that take time to reduce or eliminate. The enrollment numbers used to calculate funding are fixed for the year based on a count on a certain date in September. Unlike private and charter schools, traditional public schools are required to educate every child who shows up during a school year, and they don’t receive any additional funding when more kids enroll.

When discussing school funding, it’s not enough to consider only percentage increases or decreases. An honest conversation about school funding must include a discussion of the sources, distribution and uses of funding. Next week, I’ll conclude with a look at current issues and ideas for improving education.




CLERE: A history lesson to start the summer

School is out for the summer, but that doesn't mean there should be a break in the conversation about education. In fact, now - far away from the pressure and politics of a legislative session - is a good time to continue talking about challenges and opportunities in K-12 education.

This is the first of three columns on education. In today's column, I'll provide some facts and figures on the history and status of K-12 education funding in Indiana. Next week, I'll explain the funding formula that determines how state education dollars are distributed. I'll conclude with a discussion of current issues and ideas for improving education.

We have to get away from the false premise that money is the solution for every problem in education. If it were, we'd be in great shape.

Since 1978 — the first year for which I have data — state funding for K-12 education has increased every single year. Most years, the increase has far exceeded the rate of inflation.

According to the inflation calculator on the U.S. Department of Labor Web site, $1 in 1978 had the same buying power as $3.30 in 2008. During the same period, state spending on K-12 education increased 514 percent; in other words, for every dollar the state spent on education in 1978, it spent $5.14 in 2008.

Today, Indiana is spending $9.25 for every dollar it spent in 1978. Why the sudden jump?

In 2008, as part of an effort to provide property tax relief, the state assumed total responsibility for funding school operations, which includes items such as teacher salaries, utilities and insurance. In the past, schools received both state and local funding for operations. The local funding came from property taxes.

Schools still receive the lion's share of property tax revenue. This will come as a surprise to folks who have been led to believe that schools no longer receive property tax support. I'll return to this point in a moment.

In 2008, prior to the restructuring, the New Albany-Floyd County Consolidated School Corporation received 66 percent of all property tax revenue in Floyd County - $56.5 million of $85.6 million.

The 2008 restructuring reduced Floyd County property owners' total property tax burden from $85.6 million in 2008 to $51.6 million last year - a savings of $34 million. The majority of the savings came from shifting the local share of school operations funding to the state. Schools didn't receive less; they just received part of their funding from a different source — the state — instead of from property taxes.

Prior to the 2008 restructuring, schools already received most of their operating funds from the state. In fact, local school operations consumed about one-third of the state budget. Now it's almost half. The additional state money came from an increase in the sales tax from 6 percent to 7 percent. It's a common misconception that school operations were funded entirely - or even primarily - by property taxes. For decades, the state took on an increasingly larger share of paying for school operations, until eventually it made sense to assume responsibility for the relatively small remaining share that was coming from property taxes.

That doesn't mean schools stopped receiving revenue from property taxes; they simply stopped receiving the portion that was going to operations. Last year, when Floyd County collected $51.6 million in property taxes, local public schools still received 57 percent - $29.4 million - of that total. The money funds school construction and maintenance, debt payments, transportation, school bus replacement and other items - just not operations.

In comparison, the only other recipients of more than $1 million were the city of New Albany, which received $10.6 million, Floyd County government ($6.6 million) and the New Albany-Floyd County Public Library ($1.4 million). To add additional perspective, the town of Georgetown received $248,394 in property tax revenue, and the town of Greenville got $12,450.

It should be noted that Community Montessori School and Rock Creek Community Academy - the only charter schools in Floyd and Clark counties, respectively - receive no property tax revenue. As public schools, they receive state funding for operations just like traditional public schools, but they don't get a penny from property taxes. No charter school in Indiana receives any property tax revenue. Their state support is calculated using the same formula that determines state funding for all public schools - the formula that will be the subject of next week's column. Charters survive on state support and fundraising - with no property tax support for buildings, buses or anything else.

The last day of school is a sad day at five area schools - four in Floyd County and one in Clarksville - that are closing for good. The closings were blamed on a recent cut in K-12 funding by Gov. Mitch Daniels, who has the unenviable task of balancing the state's books during a deep recession. The governor's cut may have been the proverbial straw that broke the camel's back, but much of what happens in education — and in government in general — is the result of many decisions over many years, and the five school closings were no exception.

That's why it's so important for all of us to understand how government works - in this case, how education funding works. In no way am I suggesting that K-12 education is receiving too much funding. In fact, some reforms and initiatives may require additional funding. Others won't. In any case, the conversation continues.




CLERE: Names to Remember

By ED CLERE

The United States is at war. It’s too easy to forget. We’re able to go about our daily lives thanks to men and women who volunteer to defend our freedom. On my way to a meeting in Indianapolis last week, I walked by the Indiana OEF-OIF Memorial Wall in the Indiana Government Center South, next to the Statehouse.

OEF stands for Operation Enduring Freedom, which is the war in Afghanistan, and OIF stands for Operation Iraqi Freedom. Since 9/11, 163 American troops with ties to Indiana have died in the war on terror. Most were Hoosiers; some lived elsewhere but were originally from Indiana or had family here. They ranged in age from 19 to 49. The first death was in 2002, the most recent three weeks ago.

After my meeting, I went back and spent some time looking at the wall, which is a series of six boards. Information about each hero, including a photo, is printed on a separate piece of paper. The simple, yet powerful, memorial is outside the Indiana Department of Veterans Affairs.

I stepped inside and spoke with Director Tom Applegate, who maintains a website featuring each hero’s photo and story. The address is http://oefoifhonorroll.homestead.com.

Thank you for reading my column. I don’t expect you to read every word every week, but I do ask that you read every word of today’s column. Following are the names and ages of Indiana’s 163 fallen brave. If they were from – or had ties to — a community in our area, it is in parentheses.

2002: Marine Sgt. Jeannette Winters, 25; Army Spc. Curtis A. Carter, 25; Army Cpl. Matthew A. Commons, 21; Air Force Senior Airman John Patrick Morton Jr., 23.

2003: Army National Guard Spc. Brian M. Clemens, 19; Navy Petty Officer 3rd Class Jason Profitt, 23 (Charlestown); Marine Lance Cpl. David Fribley, 26; Army Spc. Gregory P. Sanders, 19; Army National Guard Spc. William A. Jeffries, 39; Marine Sgt. Duane R. Rios, 25; Army Pfc. Jason M. Meyer, 23; Army Spc. Roy R. Buckley, 24; Marine Reserve Lance Cpl. Matthew R. Smith, 20; Army Pvt. Jesse M. Halling, 19; Army Pvt. Shawn D. Pahnke, 25; Army Sgt. Chad L. Keith, 21; Army National Guard Sgt. 1st Class Craig A. Boling, 38; Army Pvt. Robert L. McKinley, 23; Army National Guard Staff Sgt. David L. Loyd, 44; Army Spc. Ronald D. Allen Jr., 22; Army Staff Sgt. Mark A. Lawton, 41; Army Spc. Ryan G. Carlock, 25; Army Staff Sgt. Frederick L. Miller, 27; Army Spc. Kyle G. Thomas, 23; Army Spc. Brian H. Penisten, 28; Army National Guard Cpl. Darrell L. Smith, 28; Army Sgt. Jarrod W. Black, 26.

2004: Army Spc. Luke P. Frist, 20; Army Chief Warrant Officer Brian D. Hazelgrove, 29; Army Pfc. Christopher E. Hudson, 21; Army Pfc. John D. Amos II, 22; Marine Pfc. Deryk L. Hallal, 24; Marine Lance Cpl. Torry L. Gray, 19; Army Spc. Michael J. Wiesemann, 20; Army Reserve Staff Sgt. Stephen G. Martin, 39; Army Sgt. Robert E. Colvill Jr., 31; Army National Guard Spc. Donald R. McCune, 20; Army Sgt. David M. Heath, 30; Army Reserve Pfc. Luis A. Perez, 19; Army Sgt. James D. Faulkner, 23 (Clarksville); Marine Cpl. Christopher S. Ebert, 21; Army Pfc. Nathan E. Stahl, 20; Army Pfc. Stephen P. Downing II, 30; Army Command Sgt. Maj. Steven W. Faulkenburg, 45; Army Spc. Raymond L. White, 22; Marine Sgt. Morgan W. Strader, 23; Marine Cpl. Lance M. Thompson, 21; Marine Lance Cpl. James E. Swain, 20; Marine Cpl. Bryan S. Wilson, 22; Army Staff Sgt. Marvin L. Trost III, 28; Army Reserve Pfc. Joshua A. Ramsey, 19; Marine Lance Cpl. Eric Hillenburg, 21.

2005: Army Sgt. Jeremy R. Wright, 31; Army Pvt. Cory R. Depew, 21; Army National Guard Sgt. Armand “Luke” Frickey, 20; Army Sgt. Kyle W. Childress, 29; Army Sgt. Paul M. Heltzel, 39; Army National Guard Capt. Michael “Todd” Fiscus, 36; Army National Guard Spc. Brett M. Hershey, 23; Army National Guard Spc. Norman “Kyle” Snyder, 21; Army National Guard Master Sgt. Michael T. Hiester, 33; Army Pfc. Steven F. Sirko, 20; Marine Sgt. Jimmy Shawn Lee, 26; Army Cpl. Sascha Struble, 20; Army Pfc. Robert W. Murray, 21; Army Pfc. Darren A. Deblanc, 20; Army Spc. Nicholas R. Idalski, 23; Army Sgt. 1st Class Marcus V. Muralles, 33; Army Staff Sgt. Michael Wayne Schafer, 25; Army Spc. Adam J. Harting, 21; Army Staff Sgt. Jeremy Doyle, 24; Army Sgt. Matthew L. Deckard, 29 (Greenville); Army Staff Sgt. Matthew A. Kimmell, 30; Army Spc. Jeffrey W. Corban, 30; Army Reserve Sgt. Christopher T. Monroe, 19; Marine Lance Cpl. Scott A. Zubowski, 20; Army Cpl. Jonathan F. Blair, 21; Army Pvt. Jonathan R. Pfender, 22.

2006: Army Spc. Matthew G. Frantz, 23; Army Pfc. Brian J. Schoff, 22; Army Sgt. Rickey Jones, 21; Army Reserve Spc. Joshua Lee Hill, 24; Army Spc. Antoine J. McKinzie, 25; Army National Guard Sgt. Brock A. Beery, 30; Marine Staff Sgt. Eric A. McIntosh, 29; Marine Cpl. Eric Lueken, 23; Army National Guard Sgt. Joseph E. Proctor, 38; Marine Lance Cpl. David J. Grames Sanchez, 22; Army National Guard Staff Sgt. Richard A. Blakley, 34; Army National Guard Chief Warrant Officer 3 William T. Flanigan, 37; Army National Guard Staff Sgt. Paul S. Pabla, 23; Army National Guard Sgt. Major Jeffrey A. McLochlin, 45; Army Cpl. Nathaniel S. Baughman, 23; Army Pfc. Anthony P. Seig, 19; Marine Cpl. Aaron Seal, 23; Army Staff Sgt. Jonathan Rojas, 27; Marine Reserve Sgt. Brock Babb, 40; Army Pfc. Nathan J. Frigo, 23; Army Sgt. Kraig Foyteck, 26; Marine Lance Cpl. James E. Brown, 20; Marine Lance Cpl. James R. Davenport, 20; Army Spc. Joseph A.L. Strong, 21.

2007: Army Pvt. Kelly D. Youngblood, 19; Army Pfc. Jason D. Johns, 19; Army Sgt. William “B.J.” Beardsley, 25; Army 1st Lt. Neale M. Shank, 25; Army National Guard Staff Sgt. Bradley D. King, 28; Army Pfc. David Neil Simmons, 20; Army Spc. Cody A. Putman, 22; Army Spc. Jason J. Beadles, 22; Marine 1st Lt. Shaun M. Blue, 25; Army Pfc. Richard P. Langenbrunner, 19; Army Pvt. David A. Kirkpatrick, 20; Army Spc. Andrew Robert Weiss, 28; Army Sgt. Anthony J. Schober, 23; Army Spc. Nicholas S. Hartge, 20; Army Sgt. Robert J. Montgomery, 29 (Scottsburg); Army Spc. Clinton C. Blodgett, 19 (Pekin); Air Force Tech. Sgt. Ryan A. Balmer, 33; Army Staff Sgt. Michael A. Bechert, 24; Army Staff Sgt. Roy P. Lewsader Jr., 36; Army Spc. David A. Wilkey Jr., 22; Army Spc. Carter “C.J.” Gamble Jr., 24; Army Staff Sgt. William R. Fritsche, 23; Army Reserve Spc. Zachariah J. Gonzalez, 23; Army Pfc. Shawn D. Hensel, 20; Army Cpl. William Powell (Kerchief), 21; Army Cpl. Ryan A. Woodward, 22; Army Sgt. Nicholas “Nick” Patterson, 24; Army National Guard Sgt. Gerald J. Cassidy, 32; Navy Seaman Apprentice Shayna A. Schnell, 19; Army Capt. Timothy I. McGovern, 28; Army Sgt. Kenneth R. Booker, 25; Army Spc. Johnathan A. Lahmann, 21.

2008: Army Sgt. Jon M. Schoolcraft III, 26 (Madison); Army National Guard Sgt. 1st Class Collin J. Bowen, 38; Army Staff Sgt. Michael D. Elledge, 41; Army National Guard Spc. Joseph A. Ford, 23 (New Albany); Army Staff Sgt. James P. Snyder, 48; Marine Lance Cpl. Layton B. Crass, 22; Marine Lance Cpl. Andrew Francis Whitacre, 21; Army Staff Sgt. Travis K. Hunsberger, 24; Army Sgt. Ryan P. Baumann, 24 (Jeffersonville); Army National Guard Sgt. Brian K. Miller, 37; Army National Guard Sgt. Gary Henry, 34; Army National Guard Spc. Jonathan Menke, 22 (Madison); Army Staff Sgt. Kristopher D. Rodgers, 29; Army Spc. William J. McClellan, 22; Army National Guard Spc. James M. Clay, 25.

2009: Army Spc. Joseph M. Hernandez, 24; Army Sgt. Ezra Dawson, 31; Army Pfc. Zachary R. Nordmeyer, 21; Marine Cpl. Donte J. Whitworth, 21; Air Force Senior Airman Ashton L.M. Goodman, 21; Army Reserve Spc. Chancellor A. Keesling, 25; Army Reserve Spc. Paul E. Andersen, 49; Army Sgt. Dale R. Griffin, 29; Army Pfc. Jaiciae L. Pauley, 29.

2010: Army Spc. Brian R. Bowman, 24; Marine Sgt. Jeremy McQueary, 27; Marine Cpl. Gregory Scott Stultz, 22; Marine Lance Cpl. Joshua Birchfield, 24; Marine Capt. Brandon A. Barrett, 27.




Session’s over, but work goes on

School’s almost out, but the legislature is just now getting ready to start its next round of studies. In the meantime, the weeks have been flying by – filled with nonstop activity. Last week was as good as Mom and apple pie – literally.

The week started with Mother’s Day and ended with apple pie at a church chicken dinner. What more could I want?

The Indiana General Assembly meets every year starting in January and adjourns by March or April, depending on the year. After that, unless the governor calls a special session, the legislature doesn’t meet again until Organization Day in November.

Even though the legislature is out of session, there’s plenty going on. Right now, we’re forming summer study committees.

There are four legislative caucuses: House Democrats, House Republicans, Senate Democrats and Senate Republicans. The four caucus leaders are scheduled to meet tomorrow to plan the committees.

Later this month or early next, the Legislative Council, which includes leaders from each caucus, will meet to finalize the committees. Then, after members are assigned, the committees will start meeting – probably in July.

If you want to see what was studied in past years, go to www.in.gov/legislative. Under “Archives,” click on “Interim.” You can view committee minutes and reports, which include findings and recommendations, and a wealth of other information.

For example, the Gaming Study Committee met four times last year. In addition to its report to the legislature, there are several other documents that will be of interest to anyone who wants to know more about gaming policy and revenue. There’s a study that analyzes the potential impact of gaming competition from Kentucky and Ohio and the relocation of existing casino licenses within Indiana.

The study estimates gaming at Kentucky horse tracks, including Churchill Downs – if it were to be authorized – could reduce admissions at the Horseshoe Casino in Harrison County by 31 percent to 39 percent annually. That would translate into a loss of up to $44 million in annual tax revenue.

The study was conducted by the nonpartisan Legislative Services Agency, which drafts legislation and provides fiscal and policy analysis for the General Assembly.

Another interesting document in the online archives from last year’s Gaming Study Committee is a presentation on gaming tax revenue, including its 20-year history, where it comes from and where it goes.

As always, if you do not have Internet access, feel free to call my office at 1-800-382-9841 to request a copy of any document.

You will have an opportunity to hear from a policy rock star this week. Dr. Larry DeBoer is a professor of agricultural economics at Purdue University, a part-time consultant to LSA and a highly regarded expert on state and local government issues.

His presentation, titled “Life after Recession: Local Government Finance Update,” is 2-4:30 p.m. Thursday. Watch it live on the Internet at https://gomeet.itap.purdue.edu/r20107228/, or watch a broadcast at the Floyd County Purdue Extension Office, which is in the Purdue Technology Center on Charlestown Road in New Albany.

The free presentation will offer a snapshot of state and local government finances, including an update on the state budget and information about the effects of property tax caps. To register to attend the broadcast at the extension office, call 948-5470, or e-mail tsprings@purdue.edu. No registration is necessary if you choose to view it on your own computer, but I would suggest visiting the site in advance to make sure you have the right address and necessary software and connection speed.

I will be viewing the presentation online from my desk at the Statehouse. I wish I could watch it at the extension office, but I have a CHOICE Board meeting. CHOICE stands for Community and Home Options to Institutionalized Care for the Elderly and Disabled. CHOICE is an innovative state program that helps keep seniors and people with disabilities at home. Like every other area of state government, it’s facing additional budget cuts, and I need to be at the meeting.

It will be my first trip to Indianapolis this month. I’ve enjoyed being at home, although I haven’t spent much time at my house. Last week was packed – and typical.

I had a Habitat for Humanity board meeting on Monday night. Tuesday started with a Girl Scout fundraising breakfast, and in the afternoon I attended a meeting of the Floyd County Community Corrections Advisory Board. Every day I find time for my work as a real estate broker, which is still my primary income. Wednesday included a lunch meeting at the Community Foundation of Southern Indiana and a stop at a Salvation Army carnival – thanks to an invitation from a player on a youth soccer team I coach.

I attended several other meetings and events during the week, including a visit with the new executive vice president of the Indiana Economic Development Corporation. Two highlights of the week came Thursday. I attended my 8-year-old daughter’s Girl Scout bridging ceremony and then went to Northside Christian Church for the annual Retired Senior Volunteer Program Volunteer Recognition Dinner.

I had fun visiting with hundreds of seniors and listening to former WHAS-TV meteorologist Ken Schulz, who was master of ceremonies. I miss seeing him on television, and it was good to see him in person.

Something else I miss is the Jacob’s Chapel United Methodist Church chicken dinner booth at the Harvest Homecoming Festival. Now Jacob’s Chapel serves its famous dinner twice a year at the church. That’s how I came to end the week with apple pie – a satisfying end to a great chicken dinner and a great week.




By ED CLERE newsroom@newsandtribune.com

>>SOUTHERN INDIANA — This is a tale of two cities. But first, a little introduction. As usual, controversial topics dominated news coverage of this year's legislative session. Controversy sells. Sound bites don't come from accord.

House Enrolled Act 1086 is a good example of the sort of important legislation that doesn't get much attention. It's a shame.

HEA 1086 started out addressing several property tax issues. In the end, it became a lifeboat for measures from at least a dozen other bills that ran into trouble on their own; that's a story by itself.

The final version was nearly 200 pages of language on which nearly everyone agreed; it passed the House 89-7 and the Senate 50-0. It was long and complex and lacked controversy. As a result, it received very little media attention, yet its dozens of provisions will affect every Hoosier.

I'm going to highlight what I consider to be one of its most important provisions, which brings us to the cities of Saver and Spendthrift, two similar communities with very different approaches to paying for government. Before HEA 1086, Spendthrift's approach was encouraged; now Saver will be rewarded for its ways.

Until HEA 1086, there was a strong disincentive for local governments to control spending. State law punished local governments that chose to spend down cash balances instead of raising property taxes.

Each year, local units of government (cities, towns, counties, etc.) are allowed to increase their property tax levy — the total amount they collect in property taxes — by no more than the six-year rolling average of the growth in Indiana nonfarm personal income. In recent years, that average has been around 4 percent. (With incomes down, the figure is certain to decrease in coming years, but I'll use it for this illustration.)

Before HEA 1086, the amount a local government could collect in property taxes — its levy — was calculated based on how much it actually levied the previous year. There was always an incentive to levy the maximum, because the following year's maximum would be equal to the previous year's levy plus the 4 percent increase explained in the previous paragraph. If a local government didn't take every cent of its maximum allowable levy — regardless of whether it actually needed it — it could never get it back.

The experience of Saver and Spendthrift illustrates the situation under the old law.

In Year 1, both cities had a budget of $10 million and a maximum allowable levy of $10 million. All was in balance. It seemed like the best of times. But for taxpayers, it was the worst of times.

Because it had $1 million in cash reserves, Saver decided not to levy the maximum. Instead, it chose to levy $9.5 million and fund the remainder of its budget with half of its cash reserves, thereby reducing property taxes.

Saver lived within its means and ended the year with its remaining $500,000 cash reserve intact. It wasn't able to accumulate any more, but neither did it overspend its budget. Utility costs and other expenses were going up, however, so Saver needed to increase its budget for Year 2. The city determined a 3 percent increase was needed. That would mean a budget of $10.3 million - an increase of $300,000 from Year 1.

Unfortunately, officials from the state informed Saver it was limited to an increase of 4 percent over its Year 1 levy of $9.5 million. That would give it a levy of $9.88 million, leaving it short $420,000. With only $500,000 in the bank, Saver was forced to choose between maintaining a prudent reserve and cutting services.

Meanwhile, officials over in Spendthrift were snickering.

Even though they didn't need it, they took their maximum $10 million levy in Year 1. And even though it was hard, they managed to find a way to spend it! For Year 2, they were entitled to the same 4 percent increase (remember, it's a statewide number) as Saver. Saver's increase, however, was 4 percent of $9.5 million; Spendthrift's was 4 percent of $10 million. Spendthrift officials were excited to learn they could levy $10.4 million in Year 2, and, without hesitation, they rushed to do it. After all, they understood how the game was played. They knew they had to use it or lose it.

In Year 2, Spendthrift ended up ahead of Saver by $520,000, all because Spendthrift chose to tax and spend while Saver chose to conserve. Under the old law, Spendthrift was rewarded and Saver was punished. That was wrong.

HEA 1086 gets it right. Now the levy calculation will be based on the previous year's levy plus the amount of cash reserves a unit of local government used to fund the difference between what it actually took and what it could have taken. That puts Saver on equal footing with Spendthrift. Now Saver can keep taxes low when it doesn't need its maximum allowable levy, without having to worry about being at a disadvantage when it needs to raise more revenue.

If taxpayers demand accountability, it could be the best of times.




CLERE: Signs of things to come

>>SOUTHERN INDIANA — “A little madness in the Spring

After falling short of monthly targets for 17 consecutive months, Indiana’s March revenue collections exceeded the forecast. One month does not make a trend. It is, at best, an Experiment of Green. Regardless, green is a most welcome color after so many months of red.

It is fitting that a tender shot of good economic news should arrive with spring. Now we must do what we can to protect it from a late frost.

Indiana operates on a two-year budget. The current budget period started on July 1 of last year and continues through June 30 of next year. The budget was based on a revenue forecast from last May. Through March, we collected $867 million less than what we had expected based on the forecast. The forecast was revised in December, and March exceeded the revised forecast by $48 million. We even beat the original forecast by $2 million. Still, we have a long way to go to catch up.

Perhaps the best news is that March revenues exceeded March 2009 revenues by $7 million. It's the first time in the current budget period that revenues have exceeded same-month revenues from the previous year.

There are six major categories of revenue; three were up and three were down. Sales tax was the biggest. It yielded $460 million in March, still missing the target by $16 million. Individual income tax was next. It brought in $285 million, exceeding the forecast by $54 million.

There is anecdotal evidence to suggest some of the gain in individual income tax can be attributed to early filing of tax returns. Taxpayers who expect to receive a federal refund — and many, such as those who qualified for the $8,000 first-time homebuyer tax credit, will be getting a big one — may have filed earlier than usual.

That could, of course, also be a sign of continued economic stress, if some of those early filers were rushing to file so they would have their refund to pay their mortgage or household expenses. Given the high level of unemployment, that is likely the case for some.

Then, of course, what will those who don’t need their refund for living expenses do with the extra cash? Will they use it to pay down debt or save it, or will they go out and buy grills, patio furniture and landscaping materials? Spending would generate sales tax, which would boost state revenue. It depends on consumer confidence, which depends on employment, and unemployment remains high.

After individual income tax was the riverboat wagering tax, which came in at $63 million, missing the target by 9 percent.

Next was “other” — a catch-all category that includes taxes on cigarettes, alcohol, inheritance and riverboat admissions, among other things, along with interest and lots of other revenue sources - which brought in $49 million, a 6 percent miss.

Of the six major categories, corporate income tax was the best performer on a percentage basis. The $37 million collected was almost twice the forecasted amount.

Ahead of the forecast by several lengths was the racino wagering tax. Indiana has two horseracing tracks with slot machines — racinos — and March revenue from taxes on racino wagering was $13 million, exceeding the forecast by 12 percent.

For the first nine months of the budget period, the racino wagering tax is 7 percent ahead — the only major revenue category that is significantly above the forecast. Thanks to March, individual income is ahead for the year by less than 1 percent. The other four categories are all in negative territory.

March was the ninth month of the state’s fiscal year and of the two-year budget. If the budget were a horserace, we’d be on the backstretch. It’s when the horses are on the backstretch that it's most difficult for the crowd in the stands to see how they're running. And that's where our revenue horses are — on the backstretch.

By the time the legislature next convenes — in January — the horses will be in the homestretch, and we'll have a better idea of where we stand going into the next budget. No matter what, it will be a lean budget; how lean is the only question.

I hope to be able to continue to report good news, but it would be unrealistic to expect only good news. Going forward, at least for the next year or two, we'll be lucky if we have more up months than down months. After 17 months down, I’m ready for an Experiment in Green. Still, my impulse to joy is curbed and made wary by a skeptical mind.

•••

Signs of economic improvement won’t be the only signs you’ll see popping up this year. It’s an election year, and political signs are appearing almost everywhere, except in the many subdivisions that restrict them. That won’t change for the primary election, but it will for the fall election.

The legislature passed a law this year that will prohibit homeowners associations from restricting political signs around election time. Regardless of subdivision restrictions, political signs will be allowed from 30 days before an election until five days afterward.




Jobs and education are the key

Despite early predictions of a shorter-than-usual session, the Indiana legislature almost ran out the clock.

Sunday was the legal deadline for adjournment, and there’s nothing like a hard deadline to drive compromise on difficult issues. Disagreement over a bill to delay an increase in unemployment insurance premiums was the sticking point. As soon as compromise on that issue was reached late Friday, everything else quickly fell into place. Final adjournment came moments before 1 a.m. Saturday.

In the end, the 116th Indiana General Assembly finished its work on a bipartisan note. It was a welcome end to what had been a highly partisan session. The hang-up over unemployment – UI for short – threatened not only prospects of a compromise on that issue, but also the fate of a bill to provide funding flexibility for public schools.

We could have accomplished much more, but I’m glad we at least ended up with a positive result on two of the most important issues – jobs and education.

Barring an emergency that necessitates a special session, the 116th Indiana General Assembly will not meet again. State representatives serve for two years, and state senators serve for four. All 100 House of Representatives seats and 25 of the 50 Senate seats are up for election in November.

When the newly elected 117th Indiana General Assembly convenes for organization day in November, it will include at least a dozen or so new faces.

The final days of the session included lots of goodbyes. Three long-serving members – two Democrats and a Republican – are retiring from the House. A first-term Democrat is retiring for health reasons. Three House members – a Democrat and two Republicans – are leaving the Indiana legislature to run for Congress. Sen. Connie Sipes, D-New Albany, is retiring, as is a Republican senator. A Democrat is leaving the Senate to run for a seat in the Indiana House. Two Republicans Senators who are not up for re-election this year are running for Congress – so they may or may not return to the Statehouse this fall.

In odd-numbered years, the Indiana legislature meets for a so-called long session, which starts in January and must adjourn by April 30. In even-numbered years, the session must end by March 14 and is referred to as the short session. It was expected to end even sooner this year, but that turned out to be wishful thinking or political posturing – or some of both.

The primary purpose of the long session is the crafting of the state’s two-year budget. Last year’s long session – my first session – was proof that a hard deadline doesn’t always force agreement. The session ended without a budget, and Gov. Mitch Daniels called us back in June for a special session. We finally passed a budget June 30, the day before the start of the state’s fiscal year.

Besides the budget, UI was the most contentious issue of last year’s regular session. After much debate, the legislature passed a bill that would have increased UI premiums this year. I voted against it. Most of those who voted for the increase last year agreed this year that a delay was appropriate. Senate Bill 23 delays the increase for a year. It passed 50-0 in the Senate and 85-12 in the House.

Without SB 23, more than 80,000 Hoosier employers would have seen a $300 million tax increase next month. The increase would have caused additional job losses, and that’s something we simply can’t afford.

Indiana ran out of money to pay UI benefits in late 2008. Ever since then, we’ve been borrowing from the federal government to pay claims. Dozens of other states are in the same situation. That doesn’t make it any better, but it does mean Indiana is in good company. Until the federal government decides how it is going to deal with UI borrowing, Indiana doesn’t need to take the lead. Better to keep Hoosiers employed now and worry about settling up with the feds later. Still, the UI issue continues to loom, and we will have to address it.

In addition to delaying the UI premium increase, SB 23 also includes several provisions to promote job creation. A job retention tax credit that previously was available only to employers with at least 35 workers will now be available to all employers, which will benefit small businesses. SB 23 also includes a new tax credit for employers who create jobs.

A bill to provide funding flexibility for public schools was held hostage by the UI bill. The flexibility bill makes it easier for schools to access restricted funds and allows them to dig deeper into those funds. The benefit will vary depending on how much restricted cash local schools have on hand, but it will be a help everywhere. The bill, House Bill 1367, passed 97-0 in the House and 50-0 in the Senate.

I will devote future columns to further discussion of UI and education issues. In the meantime, I’m glad we walked away having accomplished something meaningful on both issues.

The session reflected the times – times are tough, and so was the session. Next year’s budget will be even leaner than last year’s; revenues are down even more, and there won’t be any federal stimulus money. Still, if we continue to live within our means as a state and focus on jobs and education, we will emerge stronger. Better times might not arrive as soon as we would like, but they will arrive.




Let’s point forward instead of fingers

Attempts to politicize a recommendation to close four Floyd County elementary schools conveniently ignore facts – and history. Politics don’t belong in education; that’s why school board elections are nonpartisan. Only bipartisan cooperation and respectful, constructive dialogue will lead to solutions.

The move toward closing neighborhood schools started long before last week’s announcement by the New Albany-Floyd County Consolidated School Corp.

My grandmother attended Cora Martin School in the 1920s. It was a neighborhood elementary school at Vincennes and Shelby streets.

When Fairmont Elementary School opened in 1943, Cora Martin became an annex of neighboring New Albany High School. At the time, Fairmont was at the very edge of town, where a highway sign gave the distance to Seymour and Indianapolis. Cora Martin was demolished in 1979 to make room for the high school’s swimming pool; a few stones at the corner are all that’s left of what was once a vital – and beautiful – neighborhood school. In an ironic twist, under the schools’ current proposal to save money, the swimming pool that replaced Cora Martin would remain open while three of four others would be closed.

I’m not against swimming pools or other amenities, but they weren’t always a given. That, of course, brings up another bit of useful historical fact. New Albany High School’s original gym at its current location wasn’t built at taxpayer expense. “Residents and alumni together organized the New Albany Gymnasium Corporation and raised $75,000 for the construction of the gym,” according to New Albany in Vintage Postcards by David C. Barksdale and Robyn Davis Sekula.

Now we’re faced with the closing of another neighborhood school. Will history repeat itself? Will we be left with a few stones at the corner of Silver Street and Ekin Avenue? Let’s hope not, but let’s do more than hope; let’s work together to look for solutions – not just to save and support the few remaining neighborhood schools, but also to address the many other challenges in public education.

As a homeowner in the Silver Street school district and a historic preservationist, I’m very concerned about the proposed closing. I also recognize that difficult and unpopular decisions must be made. These are local decisions, and I hope school officials will engage parents, educators and other community members who feel left out of the decision-making process regarding all four proposed school closings and the dozens of other cost-saving measures.

In the case of Silver Street, if the decision is to close the school, I hope school officials will commit to maintaining the school’s appearance and actively seeking an adaptive reuse that will benefit the neighborhood. It’s even possible Silver Street could reopen as a charter school. Why not?

Since the proposed school closings were announced last week, many have blamed Gov. Mitch Daniels and other Republicans who supported a major change in the way schools are funded. In 2008, as part of a sweeping property tax reform package, the legislature shifted funding for public school operations from property taxes to the state budget. It was a bipartisan move.

In fact, I’m the only local legislator who didn’t vote to shift school funding from property taxes to the state. Those votes took place almost exactly two years ago – before I was elected. In fact, my predecessor, former Rep. Bill Cochran, a Democrat, was on the conference committee that crafted the final legislation. Democrats were in the majority in the House of Representatives then, as they are now, and could have blocked the change. Instead, every legislator representing Floyd and Clark counties – all Democrats – voted for the shift from property taxes to state revenue.

They also all voted – in a separate measure – to amend the constitution to include property tax caps. Three of them are current or former public school educators: Sen. Connie Sipes (New Albany), a retired principal, Rep. Paul Robertson (Depauw), a retired teacher, and Rep. Terry Goodin (Austin), superintendent of the Crothersville Community Schools.

Fast forward to the present. It’s convenient for some to blame Republicans. Others want to blame Democrats. I’m not interested in pointing fingers at anyone. I’m looking for solutions. That’s why I worked to make Senate Bill 309 a bipartisan bill. I was one of two Republicans on the House Education Committee who joined seven Democrats in passing it out of committee 9-3, and I was part of a bipartisan 83-16 majority that supported it on the floor.

SB 309 is one of two bills that would give schools flexibility to use normally restricted funds to replace funds that were cut by the governor in December. The other is House Bill 1367. House Speaker Pat Bauer, D-South Bend, had announced that the House would complete its business last Thursday – 10 days before the March 14 deadline for adjournment. At the 11th hour – literally – Bauer unexpectedly adjourned the House until tomorrow, leaving education funding up in the air.

The state has accepted responsibility for funding schools, and we must fulfill that commitment. We cannot, however, deny economic reality. We’re in the deepest recession since the Great Depression. The last time we experienced such economic challenges there was a striking Richardsonian Romanesque elementary school at the corner of Vincennes and Shelby streets.

Things will get worse before they get better. Revenue collections for February missed forecast for the 17th consecutive month. Additional cuts will be necessary.

Property taxes are considered to be stable compared to sales, income and gaming taxes and other sources of state revenue, which fluctuate with the economy. Many other vital programs are funded by the state, and I haven’t heard critics of the 2008 property tax legislation call for them to be funded by property taxes, even though stability would be desirable. Higher education, Medicaid and state police are a few examples. Another big one is teacher pensions, which the legislature has a bad habit of tapping whenever there’s a budget crisis. As a result, teacher pensions are underfunded by more than $11 billion – that’s right, billion.

Finger-pointing won’t solve any of these problems, but if we work together, we can solve them.




Facts can be educating

Education continues to be a hot topic, and it will get even hotter Thursday if, as expected, the New Albany-Floyd County Consolidated School Corp. announces school closings.

Facts are likely to be overwhelmed by misinformation, emotion and politics, so I’m going to try to set the record straight in advance.

New Albany-Floyd County schools are facing a $6.6 million budget shortfall. Suffice it to say, it didn’t develop all at once. Less than half of the shortfall is attributable to a recent cut in state funding. And, it’s important to note, property tax caps have almost nothing to do with it.

In December, in response to continuing sharp declines in revenue, Gov. Mitch Daniels announced a 4.5 percent reduction in state funding for K-12 education. The reduction accounts for less than half of New Albany-Floyd’s $6.6 million deficit. The schools already were facing more than $3 million in cuts before the state reduced its support.

Legislation I supported last week would allow the schools to replace up to 100 percent of the amount the governor cut. The replacement cash would come from funds that normally are restricted. More on that in a moment.

The schools’ financial problems aren’t the result of property tax caps. Some politicians – and others – have taken to blaming tax caps for all that ails local government. It simply isn’t reality.

Last year, the actual cost of the tax caps to all units of local government (city, county, schools, library, etc.) in Floyd County was $11,489, which wasn’t even one-tenth of 1 percent of their combined budgets. That’s according to the nonpartisan Legislative Services Agency.

LSA projects local government in Floyd County will lose $679,120 to the caps (0.8 percent of their combined budgets) this year, and $906,497 (1 percent) next year.

That’s not the case everywhere. In areas with higher property taxes, the loss to local government has been greater.

Details are available at www.in.gov/legislative. Under the heading “Publications and Documents,” click on “Property Tax Studies.” If you don’t have Internet access and would like a copy of the report, call my office at 1-800-382-9841.

Before the reduction in state funding, Floyd County schools were budgeted to receive $6,276 per student; now they’re getting $5,991, a loss of $285 per student. Because of the formula the state uses to determine how money is allocated among schools, many school districts receive more than Floyd County – and many receive less. For example, the Gary Community School Corp. receives $9,470 per child ($3,479 more), and the Indianapolis Public Schools get $8,222 ($2,231 more). The funding formula is a topic for another day.

Right now, we must stay focused on preventing teacher layoffs and the larger class sizes that would result from layoffs.

Senate Bill 309 passed the House 83-16 last week. I voted for it, even though I was disappointed it didn’t go far enough to protect teacher jobs and thereby prevent larger class sizes.

SB 309 leaves open the possibility of teacher layoffs. In exchange for limited-time access to funds that normally are restricted, schools would have to agree to use the funds “solely to avoid school employee layoffs and to protect instructional programs,” unless “the school corporation determines that there are not sufficient funds available to both avoid termination of the school employee and protect instructional programs.”

The language leaves too much room for schools to put other spending ahead of teacher jobs. I offered an amendment that would have prohibited teacher layoffs, but it was defeated after a heated floor debate. I will keep trying this week.

SB 309 is one of two bills concerning education funding. The other is House Bill 1367, which is the one that’s likely to become law. A conference committee will work this week to reconcile differences between the version of HB 1367 that passed the House and the version that passed the Senate. It won’t be easy. Parts of SB 309 will be combined with HB 1367. I’m hoping I will be able to support the final product. We made a lot of progress last week toward a bipartisan solution.

There are no easy answers in education. Local school officials have a tough few days ahead, and so does the legislature.

Over the last several weeks, I have appreciated hearing from many individual educators. I’ve learned a lot about many issues and concerns, and I look forward to continuing the dialogue. I will be happy to meet with individuals or groups to discuss any issue.

Even hot topics can be discussed in a cool and calm way.




Saving teachers would protect students

The topics of conversation were as diverse as the crowd at a second informal forum on education.

It’s an important and timely subject. With the legislature likely to adjourn by the end of next week, we have precious little time left to take action to prevent teacher layoffs and larger class sizes.

Education is one of several difficult subjects before the legislature in the waning days of the session. As with other tough issues, doing nothing may be easier, but we owe it to Hoosiers to do something.

We have the ability to prevent teacher layoffs and larger class sizes, but only if we work together. Education is too important to be controlled by any single special-interest group. It’s time to come together to protect children. What we do – or fail to do – will have an impact on their future and Indiana’s future.

More than two dozen people attended the forum last Saturday at Destinations Booksellers in New Albany. A forum the previous Saturday drew six. I was pleased with the turnout and even more pleased that so many different perspectives were represented.

The group included a public school principal, active and retired teachers from both public and private schools, parents and others concerned about education. Most Floyd County teachers stayed away because of pressure from the local teachers union, whose president was there but silent the whole time. He recorded the two-hour discussion; I hope he will play it for his members so they can hear what they missed.

One of the public school teachers was from Community Montessori School in New Albany, Floyd County’s only charter school. One of the parents was an advocate for virtual charter schools.

The conversation was calm, respectful and informed. We talked about math and science education, teacher accountability, administration, reading standards, testing, attracting and retaining teachers, nontraditional pathways to teaching and other topics.

Not everyone wants to talk calmly. Some people are more interested in demagoguery than dialogue.

One local middle school teacher recently e-mailed me to ask, “Who’s the Fascist bastard who came up with SB 309?” That one sentence was his entire message. Senate Bill 309 is one of the education bills under consideration. I responded by inviting him to attend the forum at the bookstore.

He replied to my invitation with a threat: “Destinations has been boycotted and believe me we will have dialogue. I am preparing a public protest. As soon as things are in order you will be the first to know!”

How does that serve the interests of children?

Thankfully, his angry rhetoric is not representative of most teachers. In contrast to his terse, inflammatory e-mails, I have received a number of thoughtful messages from teachers who want to discuss the issues. We don’t necessarily agree on everything, but at least we’re talking.

Let’s hope the legislature will do the same thing before it’s too late.

As of the end of last week, there were two live bills that seek to address a $300 million reduction in K-12 education funding. SB 309 is one. The other is House Bill 1367, which is in the Senate. SB 309 is in the House. It was scheduled for further action Monday in the House Education Committee, of which I am a member. We met on it twice last week.

SB 309 would allow schools to transfer money among funds that are normally restricted. It passed the Senate with bipartisan support. As written when it came to the House, SB 309 would have required schools to agree to freeze all employee pay for one year in exchange for the funding flexibility. The other Republican members of the House Education Committee and I offered an amendment that would have removed the pay freeze requirement. Instead, we proposed requiring schools that opt for the funding flexibility to agree not to lay off any teachers.

Having a highly qualified teacher in the classroom is the single most important factor in student success. Teacher layoffs would lead to larger class sizes, which would hurt students. Cuts are necessary, but teacher cuts should be a last resort, and our amendment put that position in black and white.

As soon as we called for a vote on the amendment, the committee chairman abruptly recessed the meeting so he and other Democrats could confer with lobbyists from the state teachers union. When the meeting reconvened, our amendment failed 5-5 along party lines.

There are seven Democrats and five Republicans on the House Education Committee. One of the Democrats, Rep. Dennie Oxley, has been absent all session due to an undisclosed illness. The seventh Democrat disappeared during the vote but returned to vote for alternate language – drafted on the fly, ostensibly at the behest of the union lobbyists – that watered down the prohibition against teacher layoffs. The new language said transferred money must be used “to avoid school employee layoffs and to protect instructional programs.”

The alternate language was adopted 6-5 along party lines. It was too vague, and I couldn’t support it. I couldn’t support language that would have made it possible for schools to prioritize other spending ahead of retaining teachers. I’m still surprised the teachers union opposed language prohibiting teacher layoffs. I’m not sure what their agenda is, but we’ll find out this week as the process continues.

The conversation on education is complex. Thanks to the folks who shared their morning with me the last two Saturdays, I’ve learned a lot, and I’ve developed a list of topics and questions for later.

In the meantime, the legislature is almost out of time.




CLERE: Feel free to speak up

By ED CLERE

The conversation on education went on last Saturday, but important stakeholders were told to stay away.

Six people attended the first of two informal forums on education. Three were teachers, each from a different Christian school. One was my wife, another was a friend and the third I was pleased to meet for the first time.

Two retired educators from the New Albany-Floyd County Consolidated School Corporation were there. I had one of them as a teacher, and the other was an administrator when I was in school. I continued to learn from them on Saturday, and I very much appreciated their attendance.

The sixth person was the president of the New Albany-Floyd County Education Association the local teachers union and he was the reason many others weren't there. He acknowledged that he had instructed Floyd County public school teachers not to attend.

So he spoke for them. He said teachers dont have time to read bills or otherwise concern themselves with whats happening in Indianapolis. Apparently, he doesnt either. He conceded that he hadnt actually read the education bills he was supporting or opposing, only summaries.

The forum was scheduled to last two hours. We ended up talking for three, and we still just scratched the surface of many issues. It was a good conversation. We didnt agree on everything, but I certainly learned a lot.

There are two competing proposals for making up a $300 million reduction in statewide K-12 education funding.

House Bill 1367 was put forth by the union. It would give schools a limited ability to use their capital projects fund to pay operating costs, including salaries. The bill also would require schools to reduce overhead something theyre already doing on their own.

HB 1367 would suspend two very modest reform initiatives the union opposes a virtual charter school pilot program and a school scholarship tax credit designed to give poor kids a chance to attend private school. Together the two programs could cost the state an amount equal to about 1 percent of the reduction in school funding. In addition, HB 1367 would suspend important student testing programs, including PSAT testing and ACT/SAT preparation.

Senate Bill 309 offers an alternative that would give schools more flexibility in funding and access to more money without suspending the reform initiatives or testing programs. It passed the Senate with bipartisan support and was scheduled for a hearing yesterday in the House Education Committee, of which I am a member.

In return for a year of flexibility in moving money among funds, schools would have to agree not to increase pay for a year. At the forum, the local union president made it clear teachers would not accept the tradeoff, even though it would prevent layoffs and the larger class sizes that would result from layoffs.

Having listened to teachers prior to the forum, I already was working on language to protect teachers who complete a masters degree or 30 hours of graduate study beyond a master's, in both cases qualifying to move to a higher pay scale. Having invested their own money to further their education, they still should move to the higher scale, even if a general pay freeze is in effect. That language will be introduced as early as today.

Im also working on several other improvements, some of which came out of the forum.

Support for public education and for education reform is bipartisan, as a Feb. 1 U.S. Department of Education press release illustrates.

President Obamas 2011 education budget signals a bold new direction for federal K-12 education policy with more competitive funding, more flexibility and a focus on the reforms likely to have the greatest impact on student success, said Education Secretary Arne Duncan.

This budget sends a very clear signal to the country that this president is serious about education, Duncan said. There are some very innovative proposals in this budget that come from across America. We want to advance reform on a bipartisan basis.

Some of those innovative proposals are coming from Indiana Republicans and have the support of the nations top Democrat. As Duncan put it, competition and incentives drive reform. Amen.

In a statement the day after Obamas state of the union address, Duncan underscored the urgency of education reform:

We cant wait to make these reforms. Right now, 25 percent of our students fail to graduate high school, and as many as 60 percent of college freshmen need remedial education. Millions of jobs are unfilled for lack of qualified applicants. The President and I know that we need to educate our way to a better economy. I am honored to be working with you to make it happen.

Education reform will not happen without a highly qualified teacher in every classroom. And we cannot expect to attract and retain such top talent unless we are willing to pay for it. As the economy recovers, I will continue to fight for excellent pay for excellent teachers.

In the meantime, we are experiencing unprecedented economic challenges, and teacher pay is not immune. Our conversation about education must be about much more than pay alone. Everything is on the table.

The conversation will continue from 9 to 11 a.m. Saturday at Destinations Booksellers, 604 E. Spring St., New Albany. I hope the teachers union will allow its members to think and speak for themselves.

Anyone who feels intimidated to attend may e-mail me in confidence. My e-mail is h72@in.gov. I will not reveal your identity, but I will listen.




Lets talk about education

Whats best for kids?

Thats the first and most important question we should be asking as we debate education issues. Some, however, want to start with whats best for adults, trying to convince us that benefits for children will follow.

Of all the weighty issues before the Indiana General Assembly, education should be the furthest removed from politics. Instead, its among the most political.

Thats certainly the case with House Bill 1367, which passed the House of Representatives last week along party lines. HB 1367 is a political bill, introduced outside the usual process and rammed through before a key deadline.

The Senate is likely to rewrite HB 1367. But since it passed the House, its now a bargaining chip. According to House rules, regardless of what happens to it in the Senate, the bills original language or any part of it can be inserted into another bill later in the process.

As we debated HB 1367, the hall outside the chamber was filled with union members, who clapped and shouted their support for the bill.

The teachers union goes by several names. The New Albany-Floyd County Education Association is part of the Indiana State Teachers Association, which in turn is part of the National Education Association. They have different names, but a common agenda.

Retiring NEA General Counsel Bob Chanin summed up that agenda last year in a speech to the unions national assembly:

And that brings me to my final and most important point, which is why, at least in my opinion, NEA and its affiliates are such effective advocates. Despite what some among us would like to believe, it is not because of our creative ideas. It is not because of the merit of our positions. It is not because we care about children. And it is not because we have a vision of a great public school for every child.

NEA and its affiliates are effective advocates because we have power, and we have power because there are more than 3.2 million people who are willing to pay us hundreds of millions of dollars in dues each year because they believe that we are the unions that can most effectively represent them the unions that can protect their rights and advance their interests as education employees.

This is not to say that the concern of NEA and its affiliates with closing achievement gaps, reducing dropout rates, improving teacher quality and the like are unimportant or inappropriate. To the contrary, these are the goals that guide the work we do. But they need not and must not be achieved at the expense of due process, employee rights and collective bargaining. That simply is too high a price to pay.

When all is said and done, NEA and its affiliates must never lose sight of the fact that they are unions, and what unions do first and foremost is represent their members. If we do that and if we do it well, the rest will fall into place. NEA and its affiliates will remain powerful, and that power will in turn enable us to achieve our vision of a great public school for every child.

Chanins speech is available on YouTube.

After the vote on HB 1367, I went across the street to an ISTA luncheon, where I encountered union representatives from Floyd and other Southern Indiana counties. Talking points in hand, their first question was, Did you vote for 1367? When I said no, they immediately labeled me as anti-teacher.

After cutting everything else first, Gov. Mitch Daniels recently announced reductions to K-12 education. I support a plan that would restore funding. But the union opposes that plan, and it wasnt given a chance in the House.

How does the unions influence play out in Indiana?

In the 2008 election cycle, the union contributed more than $1 million to Democrats running for the Indiana House. During the same period, the union contributed $48,300 to Republicans. These figures are based on the secretary of states campaign finance database, which is available online.

Two sentences from the Jan. 13, 2009, minutes of the New Albany-Floyd County Education Association speak volumes about the cynical, polarizing way in which the union approaches the political process:

If you are of the same political affiliation as Ed Clere, we NEED you! Many of the representatives will CHECK to see if a person is registered as their party before they will seriously listen to the person.

I dont check. Never have. Never will. I represent Democrats, Republicans, Libertarians and people of other political affiliations or no political affiliation.

I was elected in November 2008. At the time of the union meeting, I had been in office only two months and had just completed the first week of my first legislative session. I hadnt voted on anything.

Before the session is out while legislation is still under consideration I want to talk directly with teachers and other educators.

I will be at Destinations Booksellers from 9 to 11 a.m. Saturday and the same time the following Saturday, Feb. 20. I want to talk directly with teachers, administrators, other school employees and anyone else in our community who is concerned about education. Destinations is at 604 E. Spring St. in New Albany. The bookstores caf sells breakfast.

I wont have any talking points. Ill be there to listen and learn. Thats what Ive always done when teachers are in the room.




CLERE: The wheels are coming off

House Speaker Pat Bauer has cast a long shadow over the Indiana General Assembly. Last week, the darkness continued, as the session's promising start gave way to politics as usual.

First elected in 1970, Bauer, a Democrat from South Bend, has been in the legislature for 40 consecutive years, and for six of the last eight he has held the powerful position of speaker.

The week started and ended with vehicle bills.

Contrary to what you might think and what I thought the first time I heard the term a vehicle bill has nothing to do with automobiles.

A vehicle bill is a placeholder. Vehicle bills have no subject. They are filed so legislation that is not introduced at the beginning of the session can be amended into them later. It is a way of circumventing the usual committee process and thereby limiting public scrutiny and open debate on politically charged issues.

The first vehicle bill in the House was House Bill 1367, which concerns education. The House Education Committee, of which I am a member, heard the bill on Monday morning, having seen it for the first time the previous Friday.

The bill would delay implementation of two reform initiatives the legislature passed last year the School Scholarship Tax Credit and the Virtual Charter School Pilot Program. It would suspend PSAT testing and take money away from ACT/SAT preparation. The short-term savings would net schools an estimated $4.61 per student - that's right, less than $5 per student - while delaying two programs designed to help disadvantaged and at-risk children and curtailing college preparation. In addition, the bill effectively would prevent the creation of new charter schools and could jeopardize Indiana's ability to qualify for federal Race to the Top education funding.

It also would allow unrestricted spending from various funds to make up school budget shortfalls. According to an analysis, about 85 percent of the proposed spending already is allowed under current law. The bill is political, and it passed out of committee along party lines. It was scheduled for action by the full House yesterday.

The other Republican members of the Education Committee and I offered an alternate plan that would give schools greater financial flexibility by allowing them to transfer money among funds, which is prohibited by current law. In exchange for this new flexibility, schools would have to agree not to increase salaries next school year. Our plan would prevent the layoff of thousands of teachers statewide which would keep class sizes from growing and would do it in a fiscally responsible way.

The second vehicle bill popped up Wednesday morning. Members of the House Government and Regulatory Reform Committee received a 31-page amendment to House Bill 1369 - a vehicle bill - four hours before the committee was scheduled to meet.

The amendment had nothing to do with government and regulatory reform. It would have made numerous changes to the law governing public-private agreements concerning toll roads. It also could have jeopardized the Ohio River Bridges Project. The Roads and Transportation Committee would have been the appropriate committee to hear the bill, but Bauer assigned it to Government and Regulatory Reform, ostensibly because of political wrangling and unrest within his own caucus.

After about an hour of testimony and committee discussion, the amendment was adopted and the bill advanced to the full House, where, on Thursday, it failed when the House did not adopt the committee report, which is almost always an uneventful voice vote. A roll-call vote was requested, and the vote was 49-49. The House is controlled 52-48 by Democrats. In this case, the speaker pro tempore the Democrat who takes over as speaker in Bauer's absence voted with all 48 Republicans to keep a terrible bill from moving forward. Two Democrats were absent. After the vote, Statehouse veterans were having trouble remembering the last time something similar had happened.

Bauer adjourned shortly after the vote was tallied, killing six other bills that fell victim to his political games.

In his second inaugural address, Gov. Mitch Daniels used springtime as a metaphor for Indiana's coming prosperity:

Not even the cold realities of a wintry world economy can obscure the signs of spring in our state. Out of economic erosion and indistinction, Indiana now excels in every assessment of appeal to new plantings of future jobs and prosperity. A blossoming culture of enterprise foretells the coming vigor of a youthful economy that regenerates new sprouts faster than its trusted old branches decay and fall away.

The governor delivered the speech more than a year ago, and it is even more relevant today.

Spring's first flowers are always at risk. The frosts of fear can nip the most promising and beautiful of buds. If Hoosiers emerge from our winter's sleep only to see the shadows of our doubts and retreat from them, then winter will return, all the more frigid for the fragile hopes it cuts short. But, unlike the groundhog of fable, we have the outcome in our power. If we choose to face forward, into the sun, casting our shadows behind us, we can summon the springtime, and command it to come.

The legislature must adjourn by March 14, which is less than six weeks away. Tomorrow is the deadline for House and Senate bills to pass out of their respective chamber. The House will spend the rest of this month considering Senate bills, and vice versa.

Today is Groundhog Day. Will Bauer see his shadow and subject Hoosiers to six more weeks of political winter, or will he allow the first shoots of spring to flourish?




CLERE: These bills could make a difference

As of today, the Indiana General Assembly has been in session for two weeks. It's a short session, and things are moving quickly. More than 800 bills were filed, and the deadline for initial action is only two weeks away.

Each member of the House of Representatives is allowed to introduce up to five bills in the short session. Here's a summary of the five I introduced:

House Bill 1150 State spending cap. Imposes general expenditure controls on the state beginning with the budget adopted for the state fiscal year beginning July 1, 2011.

Right now, we're reducing spending, so a spending cap may seem unnecessary to some. But the economy will improve, and when it does, this bill would keep state government spending in line with Hoosier incomes.

HB 1204 Public notice of local units' borrowing costs. Requires the fiscal officer of a taxing unit to publish notice of the costs of borrowing by the taxing unit if the borrowing results from late billing of property taxes in the county.

When property tax bills are late, units of local government - cities, counties, schools, libraries and others - have to borrow money to keep operating. This bill would require them to let the public know the interest cost of that borrowing. The responsibility for getting tax bills out on time is shared between local and state government. This bill doesn't seek to blame anyone for late bills. It simply known to the taxpayer the cost of those late bills.

HB 1349 Military Family Relief Fund. Makes changes to the definition of a qualified service member for purposes of determining eligibility for assistance from the Military Family Relief Fund.

This bill, which has the support of all of the major veterans' organizations, would help make assistance more readily available to the families of our men and women in uniform.

HB 1359 Property tax deduction for qualified improvements. Establishes a property tax deduction for a qualified improvement, which is real property that has been renovated or rehabilitated at a specified cost of which at least 50 percent is dedicated to renovation or rehabilitation of exterior components.

This bill would provide a valuable new property tax deduction and an incentive for revitalization. It would be available for homes and businesses.

HB 1364 Indiana Legislative Youth Advisory Council. Changes the age of eligibility to be a council member from 14 to 18 years of age to 16 to 20 years of age. Staggers the terms of the council members.

The council was established in 2008. This bill would make several changes designed to improve it. Council members are appointed by legislative leaders and the governor and come from all over the state. The council advises the legislature on a variety of matters affecting Indiana youth and adults.

I'm also a co-author on seven other bills and one joint resolution:

HB 1013 Redistricting commission. Establishes a redistricting commission to create, hold hearings on, take public comment about, and recommend plans to redraw general assembly districts and congressional districts.

This bill would remove much of the politics from the redistricting process, which takes place next year.

HB 1097 Halloween enticement. Makes it a Class D felony for an offender against children to knowingly or intentionally participate in Halloween by offering or appearing to offer candy or another item to trick or treaters.

This bill would protect children. Enough said.

HB 1215 Impaired driving. Adds certain motor vehicle offenses committed while under the influence of a controlled substance to the list of offenses whose commission may cause a person to be a habitual traffic violator. Provides that operating a motor vehicle while under the influence of certain controlled substances resulting in serious bodily injury or death constitutes criminal recklessness.

This bill would make our roads safer and increase punishment for people who use drugs and drive.

HB 1286 Minimum employment requirement for EDGE credit. Eliminates, for taxable years beginning after December 31, 2009, the requirement that a taxpayer applying for the Economic Development for a Growing Economy tax credit to retain existing jobs in Indiana must employ at least 35 employees in Indiana.

By making the credit available to smaller businesses, this bill would create jobs.

HB 1310 Certain sex offenders and school property. Provides that, as a condition of probation, a sex offender who is a sexually violent predator or an offender against children is prohibited from being on the property of a primary or secondary school.

Another bill to protect children.

HB 1345 Spray tanning. Requires that a minor must have a signed written statement by a parent or guardian before spray tanning may be applied to the minor. Requires that when a minor is having the spray tanning applied while fully or partially nude that: (1) a parent or guardian must be on site; and (2) the spray tanning operator must be the same gender as the minor.

One of my colleagues filed this bill in response to an incident in his district.

HB 1346 - Legislative ethics. Restates the statute describing the legislative statements of economic interests, and makes changes to that statute.

There has been a lot of talk recently about legislative ethics and this bill would accomplish important reforms.

Housed Joint Resolution 2 - Circuit breakers and other property tax matters.

This is the language that would cap property taxes. The House adopted the language last week, and the Senate is expected to adopt it as early as today. Assuming that happens, it will be on the ballot in November, and Hoosier voters will have the final say.

Follow these bills and all of the other bills at www.in.gov/legislative. If you don't have Internet access, just call my office at 1-800-382-9841 to request information on any bill or topic.

Rep. Ed Clere represents District 72 in the Indiana House of Representatives. He may be reached by phone at 1-800-382-9841, by e-mail at h72@in.gov or by mail at the Statehouse, 200 W. Washington St., Room 401-7, Indianapolis, IN 46204.




Tune in now to keep up

As the Indiana legislature meets for its annual session which started a week ago yesterday the weather outside is as bleak as the economy. Spring will come, and, in time, the economy will improve. Until then, protection from the elements is the order of the day.

It is now all but certain that Hoosier property owners will soon gain another layer of insulation from high property taxes. After a year of delay, the House of Representatives took immediate action on constitutional property tax caps. A final vote scheduled for Monday was expected to be a formality after the caps survived several attacks last week.

Caps will not keep property taxes from rising. They will, however, keep them in check as a percentage of a propertys assessed value. Taxes on most owner-occupied homes will be limited to 1 percent of the propertys assessed value. Taxes on rental property and farmland will be capped at 2 percent, and taxes on other business property will be limited to 3 percent.

That leaves assessment as the next major property tax issue. Tax caps will provide the greatest protection when coupled with limits on increases in assessment. Now that the tax cap debate is finally behind us, we can turn our attention to assessment.

In addition to the tax caps, we acted on several other pieces of legislation last week, and committees started meeting right away. Compared to last year my first this year got off to a brisk start. Thats a good thing, as the session must end by March 14. Regardless of the political motivations behind the House majoritys newfound sense of urgency, Im thankful we accomplished something during our first week in session, and Im hoping the rest of the session will be just as productive for Hoosier taxpayers and families.

A lot will be happening in the coming weeks. As always, if you have questions or concerns about anything, please contact me at 1-800-382-9841 or h72@in.gov. If you want to keep up with whats happening, visit the Indiana General Assemblys Web site: www.in.gov/legislative.

There you will find calendars, legislation, committee schedules and a wealth of other information. You can watch live video of the House and Senate and some committee meetings and view archived video.

Under the Whats New section of the Web site, you will see several reports about the effects of the property tax caps. The reports were compiled by the nonpartisan Legislative Services Agency. In 2008, the tax caps were enacted into law and phased in. The resolution that was expected to be adopted yesterday is the next-to-last step in making the caps constitutional.

Right now, they are law, which can be changed on a whim. Once theyre in the state constitution, they could still be changed, but it would take more time and effort than if they were only in law. The last step in amending the constitution will come in November, when the caps will be on the ballot for Hoosier voters to make the final decision.

There has been a lot of rhetoric about the effects of the caps on local government revenue, and some politicians have taken to blaming the caps every time theyre short on cash. The reports provide an objective look at the caps true effect.

The reality is far different from the rhetoric. The caps cost all units of local government in Floyd County $11,489 last year. Some units didnt lose a penny. Rounded to the nearest tenth, thats not even one-tenth of 1 percent of the units combined budgets. In Clark County, the loss amounted to about two-tenths of combined local government budgets. This year, the loss is projected to be about eight-tenths of 1 percent in Floyd County and 1.2 percent in Clark County.

The sky isnt falling, at least around here.

Counties with higher property taxes are losing more. For example, while Floyd County lost $11,489 to the caps last year, Lake County near Chicago lost $71 million.

Theres a lot to keep track of besides the tax caps.

Yesterday was the deadline for filing bills. As of Friday, more than 500 bills and resolutions had been introduced. Detailed information about every bill including the complete text, any amendments and current status is on the Web site. If you do not have Web access and would like to receive information about any bill or topic, just contact my office.

Two weekly television programs on Indianapolis public television also provide good information and analysis about whats happening in the legislature. They can be viewed at www.wfyi.org.

According to the Web site, Indiana Week in Review offers news and no-holds-barred debate and discussion. A look at issues facing Indiana from differing viewpoints makes for an entertaining, lively and informative half-hour.

Indiana Lawmakers is the other show. The Web site says it provides a weekly in-depth examination of the issues and agendas before the state legislature.

I enjoy both programs.

Something else I enjoy is writing this column. This column is No. 52; Ive been writing it every week for a year now. Thanks to the Tribune for giving me the opportunity to communicate with you, and thank you for reading it.

Try to stay warm.




Lets not waste any time

Indianas 2010 legislative session starts today. Its impossible to know what will happen in the coming weeks, but one thing is certain: Whatever happens, it wont be as easy as pie.

The General Assembly meets every year starting in early January.

In odd-numbered years, the session can and usually does last until the end of April and is referred to as the long session, which is devoted to the crafting of the states two-year budget. Last year, we failed to pass a budget during the regular session and had to go back in June to get the job done.

In even-numbered years, the legislature is required to adjourn by the middle of March, so time is much more precious. Its called the short session, and its what were starting today.

Last year was my first session, and I was taken aback by the slow start. A well intended but ill-timed resolution to designate a state pie ended up being one of the legislatures most prominent items of business during our first few weeks in session.

The resolution was adopted by the Senate but died in the House after it became symbolic of the time that was being wasted. Indiana remains without an official state pie.

Maybe someday when times are much better we will have the luxury of taking up such matters. In the meantime, we should forget about dessert and do everything we can to help make sure Hoosier families can put basic food on their tables.

It wont be easy.

Last month, we received an updated revenue forecast. The previous forecast came out in May, and it was the basis for the two-year, $27.7 billion budget we passed in June. We designed the budget to leave us with a $1 billion reserve at the end of the two years, and its a good thing some of us insisted on that.

Based on the new forecast and in the absence of any further action, by the end of the two-year budget cycle, we would have spent the entire reserve and it still wouldnt be enough to fund the budget we passed. Thats why just last week Gov. Mitch Daniels took the step we all had been hoping to avoid and ordered reductions to K-12 education spending. He already had slashed everything else.

In announcing the education cut, the governor explained that K-12 education is half of the entire budget and that there was nowhere else left to trim. He already had ordered 20 percent spending cuts at state agencies and more recently a 6 percent reduction in higher education spending.

The K-12 reduction will be applied evenly to all school corporations using the current funding formula. For this calendar year, funding will be reduced 4.5 percent from what we had budgeted. Statewide, its a 3.5 percent reduction from last year. Compared to last year, however, the percentage reduction varies from school corporation to school corporation because we changed the funding formula.

Clearly, were facing a serious reality, and we need to approach our work in an equally serious fashion.

We started slowly last year and ended up in a special session. Its possible we would have ended up in special session regardless of how hard we might have worked in January. This year, theres no excuse for not getting right to work

The deadline for introducing bills is next week. After that, well have a better idea of the specific issues that will define the session.

No matter what is introduced or what ultimately happens in the session, we must stay focused on three objectives. First, we must avoid any new taxes or tax increases. Now is not the time to take more from Hoosiers who are already struggling to make ends meet. Second, we must avoid any new spending. Its always tempting to spend, and we must resist the temptation.

Finally, the time is now to move forward on constitutional property tax caps. If we adopt the same language the legislature adopted two years ago, then the issue will go on the ballot in November and Hoosier voters will have the final say. If we dont adopt the language the required second time during this session, then the caps will die and the whole process would have to start over.

We can accomplish much more than that, but whatever we do, we must make those three objectives our guide. Im looking forward to the upcoming discussion and debate. Just because we dont have money to spend doesnt mean we cant accomplish a lot. In fact, we will have opportunities to work on many issues that wouldnt cost the state anything and could, in many cases, lead to savings.

This year, with only 10 weeks of potential meeting time, we need to focus on the main course and leave dessert for later.




Legislation can start with you

I recently spoke at a forum for college students interested in internships with the General Assembly. One of the students asked what course of study would be useful for someone who aspires to run for public office.

It is difficult to recommend any particular major. Indiana is fortunate to have citizen legislators who come from a wide variety of backgrounds, including among those legislators who are college educated many different majors. Regardless of background, though, it does help to study the alphabet.

DLGF, FSSA, ICHDA, IFA, INDOT, LSA, OCRA. These are a few of the acronyms that have become very familiar to me. They stand for various state agencies, and there are many more.

LSA, for example, is the nonpartisan Legislative Services Agency that drafts legislation and analyzes its potential cost, among other duties. In a few weeks, when many offices start slowing down for the holidays, LSA will be getting busier. Dozens of attorneys and fiscal analysts will be working on legislation for the upcoming session, which starts Jan. 5.

Ideas for legislation come from many sources. Most legislators have their own ideas. The governor has a legislative agenda. So do other top officials, including the superintendent of public instruction and the attorney general. State agencies suggest legislation. Interest groups represented by lobbyists always have a wish list. Ideas can and should also come from you.

There are two ways legislation can be introduced. The first is a bill, which can be about any subject. The deadline for introducing bills will be early in January, a few days after the start of the session. The second is an amendment to a bill. Amendments can be introduced throughout the session and must be related to the subject of the bill the legislator seeks to amend.

In odd-numbered years, the General Assembly meets for a so-called long session, which can last nearly four months and includes the crafting of the states two-year budget. In even-numbered years, the legislature convenes for a short session, which is limited to about two months. In long sessions, each legislator may introduce up to 15 bills. In the short session which is whats coming up we are limited to five bills.

Every bill is subject to amendment, and thats where things can get interesting. Amendments arent always glamorous, but they often get the job done. To be introduced as an amendment, the subject of the amendment must be related to germane to the subject of the bill.

We spend a lot of time on the issue of germaneness, which is often in the eye of the beholder. In the House of Representatives, the beholder is the speaker of the House. Amendments with questionable relevance to a bill are sometimes allowed, and amendments directly related to the subject matter of a bill are routinely rejected.

Some amendments are intended to accomplish something by making a bill do more or less. Others are introduced to make a political statement. Many attempt to do both.

I introduced a lot of amendments during the regular session this year. Ill cite one as an example of how the process can work.

In 2008, the General Assembly changed the law to make property tax deductions available on a calendar-year basis. The change did not make allowance for real estate closings that occur at the end of the year. Depending on the timing of the closing, paperwork might not be filed at the courthouse until the beginning of January, causing the homebuyer to miss out on deductions for the year in which the home was purchased and leading to a much higher tax bill. An example of this was brought to my attention by a constituent.

Everyone understands it usually takes a few days for paperwork to get to the courthouse. But, homebuyers who happen to close at the end of the year shouldnt be penalized.

I introduced an amendment to fix the problem. I figured it would be adopted with little difficulty. I was wrong. After attempting to attach it to several different bills and encountering some unexpected opposition along the way I finally succeeded in marrying it to a piece of legislation that appeared sure to pass, only to see it die on the last day of the session when the bill did not receive a vote.

Because we failed to pass a budget during the regular session, a special session was called, and I raised the issue again and worked to get the language included in the budget bill. This time I succeeded. The budget we passed included a provision that extended to Jan. 5 the time for filing for deductions, which will save most affected homeowners up to $1,000 or more per year.

Not every issue that needs a legislative solution is exciting or controversial, but each deserves attention and consideration. I have been meeting with groups and individuals to discuss potential legislation, and I will be doing a lot more of it in the coming weeks. Many of these meetings send me into the alphabet soup of state government.

I am eager to hear your ideas for legislation. Just remember that the session is approaching quickly. Please contact me ASAP.




Rep. Clere secures $3.5 million stimulus grant for Georgetown wastewater treatment plant


Construction will free capacity for New Albany growth

Rep. Ed Clere (R-New Albany) announced Wednesday that he has secured a $3.5 million grant for construction of a Georgetown wastewater treatment plant, and that the legal dispute over a previously proposed plant has been resolved.

Rep. Clere said he began pursuing federal stimulus funding for the project more than six months ago.

Early on, I identified this project as a good way to leverage stimulus money for Southern Indiana, Rep. Clere said. It will benefit not only Georgetown, but also the entire Floyd County and Southern Indiana communities. Georgetown will no longer have to depend on New Albany, and New Albany will be free to pursue economic development, which has been severely limited by a lack of available treatment capacity.

Georgetown does not have its own wastewater treatment plant. It contracts with New Albany for treatment, an arrangement that has become increasingly problematic in recent years. Georgetown has 1,200 sewage customers and, under its contract with New Albany, can pump up to 226,000 gallons per day to New Albany.

With Georgetown off its system, New Albany will have the opportunity to generate millions of dollars in new revenue from tap-in fees, and every tap-in represents economic development, which will benefit New Albany and the rest of Southern Indiana, Rep. Clere said.

Georgetown Town Council President Billy Stewart joined Rep. Clere for the announcement.

Before we even applied for the grant, we had so many people telling us not to because the general attitude in Southern Indiana is that we dont get stimulus money, Stewart said. Rep. Clere was able to step in, bring everyone to the table and find a common ground that will help our entire community. We appreciate everything he was able to do for us.

It is refreshing to see a legislator, let alone a freshman legislator, put aside all the politics and help us get something done, Stewart, a Democrat, continued. We have had the third highest sewer treatment rates in the state; some families are paying more than $100 a month.

As a result of the grant, Georgetowns sewer rates will decrease slightly, even after the cost of the new plant is taken into consideration. According to an analysis, the average households monthly bill, based on 4,000 gallons, will decrease from $64.93 to $64.30. If the town had instead issued bonds to finance the new plant, the average bill would have increased to $81.85 to cover the cost of the debt service. The analysis was prepared by H.J. Umbaugh & Associates, and Indianapolis accounting firm.

The grant will save Georgetown residents from the financial burden of infrastructure improvements, and it helps prepare Georgetown for future economic growth, Rep. Clere said.

The announcement was made at the New Albany office of Georgetowns attorney, D.A. Andrews.

Rep. Clere worked behind the scenes to push the project forward, in hopes that some stimulus funds would be available, Andrews said. He assisted with resolution of some of the underlying local issuesacting in equal measure as statesman and honest broker.

We are grateful for his relentless support for this project, which benefits Georgetown and New Albany and Floyd County. It is a win, win, win.

One issue that was resolved was a legal dispute with Capitol Engineering, Inc., a subsidiary of Jeffersonville-based Hughes Group, Inc. with which Georgetown had contracted in 2006 to construct a plant. Because the town was unable to obtain the required zoning for the original site, construction was delayed indefinitely. Capitol had already completed design work and purchased equipment for the plant.

John Hughes, an owner of the Hughes Group, credited Rep. Clere for bringing together the town and his company to settle their dispute.

If it wasnt for Rep. Clere, none of us would be here, Hughes said. He worked with all of us and made this work for everyone. With his help, we were able to keep the town out of spending tons of unnecessary money and saved us all a lot of trouble.

Capitol will build the new plant on a site at the western edge of town.

By continuing with the existing contractor, we were able to streamline the process and position this project to be shovel ready, which made it eligible for stimulus funding, Rep. Clere said.

The American Recovery and Reinvestment Act of 2009 will distribute approximately $125 million to the Indiana State Revolving Fund, a program managed by the Indiana Finance Authority. The finance authority makes money available to communities for wastewater and drinking water projects.




Its a Good Thing We Held Our Ground

STATEHOUSE (Oct. 8, 2009) Indianas fiscal situation would be much worse if House Republicans had not stood firm during budget negotiations.

Gov. Mitch Daniels, in the September revenue report, announced this morning Indiana missed projected revenues by $165.8 million. In the first three months of fiscal year 2009, Indiana has missed projections by $254.1 million.

My House Republican colleagues and I, from before Day One of the regular session in January, said we expected a frugal state budget, and those expectations held firm through the end of the special session in June. Its a good thing for Hoosier taxpayers we held our ground, because a one-year budget such as the one proposed would have absolutely drained the states resources.

Fortunately, Gov. Daniels and the House and Senate Republicans held firm, and Indiana still is in a stronger position than most other states.

During budget negotiations in the special session, House Republicans remained true to the principles they announced in January, at the beginning of the regular session no general tax increases, a healthy state reserve and no cuts for education or public safety.

Indiana started the current fiscal year with more than $1.4 billion in reserves the states savings account, something that would not have happened under the Democrat-sponsored budget plan.

In the 2010 session, House Republicans have no intention of backing away from our principles of responsible spending and more efficient state government.




CLERE: Class will come to order

By ED CLERE

Teachers deserve the best we can give them.

The best pay. The best working conditions. The best resources.

We have a long way to go in all of those areas. In one important area, however, we can now provide teachers with the best.

No longer will teachers have to worry about getting sued for taking reasonable actions to maintain discipline. If they do get sued, Indiana's top legal team will be there to defend them.

House Enrolled Act 1462 requires the attorney general and the state superintendent of public instruction to publicize annually to teachers that the attorney general may defend suits against teachers and that teachers have qualified immunity for reasonable acts of discipline, according to a digest of the legislation, which passed in April, was signed by the governor and went into effect last month.

Qualified immunity means teachers will be immune from civil liability as long as they are acting in good faith and following their school corporation's discipline policy.

Attorney General Greg Zoeller came to New Albany recently to discuss the new law and make it clear he will stand up for teachers.

Zoeller and Gov. Mitch Daniels pushed for the legislation, which received unanimous support from the legislature. State Sen. Connie Sipes, D-New Albany, and I joined Zoeller at his news conference.

Who can argue with the need for discipline in the classroom? Without it, teachers can't teach as effectively, and students can't learn as well.

Too often, classrooms have been out of control, with disruptive children making it difficult for others to learn.

Zoeller called the new law the first step toward ending frivolous litigation brought against teachers for acts intended to preserve a learning classroom free of behavior issues.

He said the legislation was in response to incidents around the state where school teachers said they were reluctant to discipline students who were disruptive in class, for fear of being sued.

In a letter Zoeller sent to all public schools teachers, he said, The fear of litigation should not limit your ability as a teacher to maintain order in the classroom.

Teachers have enough to worry about without having to worry about getting sued for maintaining order. If they are sued, they certainly deserve the best legal defense Indiana has to offer.

Just as discipline is essential to the classroom, parents are essential to discipline.

That's why I worked to make sure parents were included in another piece of legislation dealing with discipline in schools. House Enrolled Act 1419 called on school corporations to develop a plan for improving discipline and also requires the state Department of Education to develop a master plan for student behavior and discipline that school corporations may use for guidance.

The House voted to concur with Senate changes in the bill. The Senate added, as an amendment, language about parental involvement. I had offered the language as an amendment in the House, but it was not added to the bill. The Senate picked up the language and included it.

I'm pleased the language of my amendment made it into the final bill. As a result, the legislation acknowledges that parental involvement and responsibility are fundamental to any approach to student discipline.

With school back in session, I want to mention several other school-related pieces of legislation that passed this year.

House Enrolled Act 1021 - Protecting school bus passengers: Our children will be safer as they go to and from school. HEA 1021 toughens penalties for drivers who ignore a stopped school bus, with its Stop arm extended, and injure someone.

HEA 1343 - School Dropout Prevention: This was mentioned in a previous column, but I included it again because I'm talking about education. This legislation creates the Dropout Prevention Fund to provide money for school corporation programs to identify students at risk of dropping out of school and to provide appropriate interventions for them.

Senate Enrolled Act 228 - Bus Driver End-of-Route Inspection: As another precaution to make sure our students have safe trips to and from school, school bus and special-purpose drivers are required to inspect the passenger section at the end of each trip. Any incidents of passengers left behind must be reported to the Department of Education.

When it comes to education, we have to do everything we can to make sure no one is left behind. Reasonable people sometimes disagree over how to accomplish that.

Between now and the time session starts in January, I look forward to listening to what teachers and administrators have to say about various education issues.

That's part of my homework for this fall.

Rep. Ed Clere represents District 72 in the Indiana House of Representatives. He may be reached by phone at 1-800-382-9841, by e-mail at h72@in.gov or by mail at the Statehouse, 200 W. Washington St., Room 401-7, Indianapolis, IN 46204.




CLERE: Get a head start on session

By ED CLERE

Indianas next legislative session doesnt start until January, but theres a lot going on in the meantime.

There will be many opportunities to observe and participate in the months leading up to the session. Your first chance is Wednesday.

Summer study committees were delayed by the special session, which pushed everything back two months. The committees are charged with studying various topics that may become the subject of legislation.

The legislative process is frequently compared to sausage-making, and it is sometimes an apt analogy.

At this point in the process, however, a baking comparison may be useful. If you want to have a say in what kind of cake comes out of the oven next March the scheduled end of the session its important to be there when the ingredients are purchased and measured. By the time January rolls around, well be pouring the batter into the pan.

Some study committees and commissions are created by statute. Others are created by the Legislative Council, which is composed of members of House and Senate leadership. As of last Friday, when I was writing this column, appointments and other details were still being finalized, but four meetings already had been scheduled:

Health Finance Commission 10 a.m. Wednesday

Gaming Study Committee 10 a.m. Sunday and 10 a.m. Sept. 14

Environmental Quality Service Council 10 a.m. Sept. 2

The Health Finance Commission had three items on its tentative agenda:

Whether Indiana should require an endangered adult to wear an electronic device to assist with locating the person if he is lost or missing.

The need for appropriate and uniform training of state Department of Health employees whose job duties include inspecting health facilities.

Whether the state Department of Health should establish a third-party dispute-resolution process for a health facility to use when it appeals a department finding in the health facilitys survey report.

All committee meetings are open to the public, and public testimony is always allowed. Most meetings also are broadcast on the Internet.

To learn more about the committees, visit www.in.gov/legislative. To see the schedule, click on Interim Information, then Calendar. On the calendar, click on the name of a committee or commission to go to its Web page, where you will find a list of members and meeting notices, agendas and minutes. In addition, there are preliminary drafts of potential legislation.

If you do not have Internet access and wish to receive a paper copy of the meeting notices, agendas and minutes, call my Statehouse office at 1-800-382-9841. My assistant will mail you a list of committees and commissions and you can pick which ones you wish to be kept informed of.

As of Friday, the Gaming Study Committees agenda had not been posted. The list of topics it has been charged with studying is a long one. I include it here to illustrate the importance of paying attention to whats going on.

Gaming also known as gambling threatened to derail the budget process this year. Many issues that various interest groups had hoped to see addressed in the budget were instead referred to the study committee. I expect to see many of these issues surface in proposed legislation.

The committees charge:

Prepare a market analysis of gaming in Indiana to determine viability and profitability in light of gaming in Michigan and Illinois and the potential of gaming in Ohio and Kentucky.

Conduct a comprehensive study of the following issues related to gaming in Indiana:

Admission taxes for riverboats.

Competition from out-of-state gaming entities.

Waivers for gaming tournaments.

Land-based gaming.

Nonsmoking accommodations.

Restrictions on alcohol prizes.

Authority to regulate Type II gaming pull-tabs and low-stakes drawings, for example at for-profit ventures.

A referendum concerning gaming in the city of Fort Wayne.

Competition from tribal-operated casinos.

Issues related to the riverboat in French Lick, including modification of trust payments, subsidies paid by other gaming facilities and land-based gaming.

The movement of riverboats in the city of Gary to new locations.

The need to retain U.S. Coast Guard-compliant marine navigation systems.

Whether horse tracks with slot machines so-called racinos are properly promoting and supporting the horse-racing activities.

Issues related to racinos, including table games, double taxation, amounts paid to horsemens associations, bonds, slot machines and satellite locations.

Gaming license fees and suppliers license fees.

Parity of confidentiality rules for riverboat gaming licenses and racino licenses.

Campaign contribution ban for riverboat gaming license.

It can be argued that Indiana like many other states has already had one too many pieces of gaming cake and is starting to suffer the unpleasant after-effects. Lets watch what we put in the next cake.

Flood meeting update: Approximately 50 people attended the meeting I held Thursday at the New Albany-Floyd County Public Library. That was in addition to state Sen. Connie Sipes, D-New Albany, and a half dozen city and county officials who joined me to answer questions about damage from the Aug. 4 storm and flooding.

Today is the deadline for reporting damage. Visit www.in.gov/dhs or call 866-210-1925.

I urge everyone who sustained damage to report it. A damage report is not an application for assistance. That may come later, but only if enough damage is reported to qualify our area for federal disaster assistance. Even if you have no intention of seeking assistance for yourself, your report could help make it possible for local government and individuals to receive aid.

Rep. Ed Clere represents District 72 in the Indiana House of Representatives. He may be reached by phone at 1-800-382-9841, by e-mail at h72@in.gov or by mail at the Statehouse, 200 W. Washington St., Room 401-7, Indianapolis, IN 46204.




Believe it or not, we agree a lot

STATEHOUSE Passing a state budget wasnt easy. There was a lot of disagreement along the way.

Those may be the understatements of the year.

Disagreement is part of the legislative process. Most of the time, its a good thing.

In the end, after months of disagreement, there was bipartisan agreement on the budget, which passed the House of Representatives 62-37 and the Senate 34-16.

We agree much more than we disagree. Sometimes we agree and disagree at the same time. We agree on an objective, but we disagree on how to get there.

Sometimes we simply agree. In fact, many pieces of legislation passed unanimously or, if not unanimously, with overwhelming bipartisan support.

Here are some examples (The House votes are in parentheses):

Senate Enrolled Act 16 Learners Permits and Graduated Licenses (79-17): This legislation raises the minimum age for a learners permit and drivers license. Teenagers who take drivers education are eligible to receive a license at 16, an increase of five months. Teens who dont take drivers education must wait an additional three months.

It also prohibits drivers under 18 from talking or texting on a cell phone while driving and from carrying passengers under 25 for the first 180 days after being licensed.

New drivers have enough to concentrate on without being distracted by phone conversations or friends in the car. Theres an argument for further restrictions and restrictions on cell phone use by adult drivers but this steers us in the right direction.

SEA 438 Self-Directed Care (97-0): This allows consumers under the Medicaid waiver and CHOICE home care programs the option of self-directed care. It will assist certain individuals in moving from a nursing facility to a residential setting.

Additionally, the Family and Social Services Administration has secured $21 million from a federal Money Follows the Person Demonstration Grant for the self-directed care program through Sept. 30, 2011. These options are important to many Hoosiers who do not need around-the-clock care, but still need care on a limited basis.

SEA 554 Breast Cancer Screening and Medicaid Eligibility (96-0): This law expands Medicaid coverage for cervical and breast cancer screening for low-income and uninsured women. Breast cancer is the most frequently diagnosed cancer and the second leading cause of cancer deaths among women in the United States.

House Enrolled Act 1343 School Dropout Prevention (98-1): This legislation creates the Dropout Prevention Fund to provide money for school corporation programs that identify students who are at risk of dropping out of school and provide appropriate interventions for those students.

In 2007, more than 9,000 Indiana students dropped out of high school. Of every 100 Indiana high school freshman, only 72 graduate from high school, and only 44 go on to college. A student who drops out faces a much greater chance of ending up in jail or on welfare.

HEA 1455 Autism Training (91-0): This legislation requires various firefighter and law enforcement personnel to be trained in interacting with individuals with autism and requires the State Department of Education to distribute a document to noncertified school employees explaining characteristics of early warning signs of autism.

Autism is a developmental disorder that affects a persons ability to interact with others, and Indianas autism birth rate is increasing. Additional training will help first-responders better handle situations involving people with autism.

SEA 365 Department of Child Services Matters (93-0): This law protects children by prohibiting released sex offenders from living in a home where a child is present, and it allows DCS to evaluate the well-being of a child living in the same home as someone who is required to register as a sex offender. It also allows DCS to investigate other situations where it believes a child may be in imminent danger.

HEA 1121 Identity Deception (94-0): Consumers receive enhanced protection from the attorney generals Identity Theft Unit, which will investigate complaints and assist victims of identity theft.

SEA 307 Silver Alert for Missing Endangered Adults (98-0): Indiana now has a Silver Alert system similar to the Amber Alert system for children. When an endangered adult, such as an Alzheimers patient, is missing, law enforcement agencies will be able to trigger a public alert to the media.

HEA 1311 Hearing Aid Assistance (90-1): This law establishes the Hearing Aid Assistance Fund, the Hearing Aid Assistance Program and the Hearing Aid Refurbishing Program to help low-income have hearing aids. Now more children can enjoy the sounds of their lives and have a greater chance of succeeding in school.

HEA 1686 Jury Exemption (98-0): Citizens 75 or older who feel they may not be to able adequately perform the duties of a juror may now be excused at their request. Of course, if they wish to serve as jurors when called, they may. The new law should relieve some of the stress they may feel about overcoming the procedural obstacles of being excused from jury duty.

I was pleased to support these new laws. I think theyll be good for Hoosiers. I hope you agree.






STATEHOUSE (July 1, 2009) I am pleased we avoided a needless government shutdown that would have been devastating for tens of thousands of Hoosiers, and I am very pleased we did it by passing a responsible budget.

All 48 House Republicans were included in the 62 Yes votes for the budget; 37 Democrats voted against the budget. The vote was 34-16 in the Senate.

Not only is it a solid budget for the entire state especially in terms of education and responsible spending it is good for House District 72 and Southern Indiana.

The budget creates the Ohio River Bridges Project Commission, an important step in completing this long-awaited joint effort between Indiana and Kentucky.

This budget is built on solid Republican core principles, and I am proud to have contributed to it.

New Education and Technology Building for Indiana University Southeast

I fought hard to include bonding authority for a new $22 million education and technology building at Indiana University Southeast. The 90,500-square-foot building will include expanded space for current and future programs of the School of Education and the Purdue College of Technology.

IUS is one of our regions greatest assets, and the new Education and Technology Building will provide much-needed classroom and laboratory space. The building continues and enhances the longstanding partnership between IUS and Purdue. Its a great partnership that benefits everyone.

I fought for this building since before the regular session started. I wasnt sure whether it would happen, given the tough economic times. I kept bringing it up at every opportunity. When the list of university capital projects was under discussion over the weekend, I seized the opportunity.

This building makes sense. Its the right building for right now. IUS is at capacity and needs this space. Construction of the building will create jobs, and the new classrooms and labs will prepare people for jobs.

School of Education facilities will include:

- Eight general-purpose classrooms with seating for about 300 students. Each classroom will have up-to-date media technology installed.

- Five practice/observation rooms.

- A specialized elementary/secondary science lab and prep room equipped to train science teachers.

- Two classrooms and four project rooms serving the Advanced Institute and Childrens Reading/Writing Programs.

- A digital media-computer lab.

- A special-education resources library.

The Purdue College of Technology area is slated to include:

- Four general-purpose classrooms with seating capacity for 115 students.

- Four teaching labs each for electrical/computer engineering technology.

- Four teaching labs for mechanical engineering technology.

- Three teaching labs for computer graphics technology.

Both the education and technology sections would have office space for faculty and administration.

The facility will prepare the College of Education and the Purdue College of Technology for their anticipated enrollment growth because of program expansion. The project is listed among Indiana Universitys top projects for 2009 through 2011.

Tax Savings for Homebuyers

Hoosier homebuyers will receive additional time to file for property tax deductions, thanks to my efforts to include in the budget a provision that extends to Jan. 5 the time for filing for deductions. This will save most homeowners up to $1,000 or more per year.

This change will make a big difference for homebuyers who were left out by the old system.

In 2008, the General Assembly changed the law to make property tax deductions available on a calendar-year basis. The change did not make allowance for real estate closings that occur at the end of the year. Depending on the timing of the closing, paperwork might not be filed at the courthouse until the beginning of January, causing the homebuyer to miss out on deductions for the year in which the home was purchased, leading to a much higher tax bill.

Everyone understands it usually takes a few days for paperwork to get to the courthouse. Homebuyers who happen to close at the end of the year shouldnt be penalized.

I pushed for the measure throughout the regular session, only to see it die on the last day when House Bill 1447, which included the provision, did not receive a vote. I raised the issue again in the special session and worked to get the language included in the budget.

Most homeowners are eligible to receive homestead and mortgage deductions, and some qualify for additional deductions. Depending on the assessed value of the property and the tax rate, the savings can be substantial, ranging from hundreds of dollars to $1,000 or more in areas with higher tax rates.

For many homebuyers, this change will mean a savings of $100 or more per month. At a time when many homeowners are struggling to keep their homes, we need to be doing everything we can to make home ownership as affordable as possible.

In its original form, Rep. Cleres measure would have extended the deadline to Jan. 31. That was later changed to Jan. 5 to reduce the additional burden on local officials.

This grace period ensures that homebuyers who close at the end of the year will have a chance to receive deductions. I am pleased we were able to protect taxpayers and do it in a way that doesnt create an additional burden for local officials.







STATEHOUSE -- In last weeks column, I noted that there were 22 days left for a vote on constitutional property tax caps. Now, a week later, were down to 15.

Since that last column, while some Hoosiers continued to live in fear of losing their homes because of high property taxes, we debated bicycle law.

No longer will Hoosier cyclists have to fear a citation for taking a hand off the handlebars to wipe their brow, take a drink or scratch.

Thats right. Instead of debating tax caps, we spent time quite a bit of time on a law that would make it legal to scratch while riding a bike.

The whole thing made me itch.

The only way the House of Representatives will get to vote on caps is if Speaker B. Patrick Bauer, D-South Bend, allows it. Hes not listening to his fellow Democrats who want to keep faith with taxpayers by continuing to honor the promise they made last year to cut now, cap forever, and hes certainly not listening to me or any other Republican.

He really needs to hear from you.

Last week, I asked you to contact me if you support tax caps. Many of you did.

I didnt hear from anyone opposed to the caps, which are contained in Senate Joint Resolution 1. The resolution was adopted by the House and Senate last year, and the Senate already has adopted it again this year.

A second adoption by the House is the last necessary step for sending it to the ballot, where Hoosier voters would have the final say on whether caps will become a part of our state constitution.

If you support caps, call Bauer toll-free at 1-800-382-9842. Ask at least 10 other people to call, and ask each of them to recruit 10 more people. We need to flood the switchboard. When you call, say you are calling to voice your support for SJR 1 and that you want the speaker to put it to a vote now.

If 50 readers were to do this, the speaker would receive more than 5,000 calls. Keeping in mind that April 15 is the deadline for a vote feel free to call every weekday between now and then.

Its fitting that the deadline for a vote falls on tax day. Bauer and only Bauer has the power to make that day less painful for Hoosiers for generations to come.

The tax caps are already in law. They were passed last year and signed into law by the governor. The Legislature told taxpayers that putting the caps in law would provide temporary relief and protection during the process necessary for amending the constitution to include permanent caps.

Cut now, cap forever.

In a surprise move last week, House Democrats underscored the need for constitutional protection.

The caps already in law are being phased in. This year, taxes are capped at 1.5 percent on homesteads, 2.5 percent on rental and agricultural property and 3.5 percent on commercial property. Next year, the caps drop to 1 percent, 2 percent and 3 percent.

House Democrats introduced an amendment that would accelerate full implementation of the caps by making the lower rates effective this year.

It passed overwhelmingly, but its very unlikely to survive in the Senate.

Rep. Jeff Espich, R-Uniondale, saw the irony in the Democrats sudden move.

Its a phony gesture if its an excuse not to act on a constitutional amendment that will save taxpayers hundreds of millions of dollars for probably decades, Espich said. How easy it is to change the law.

One reader who responded to last weeks column got right to the point with a similar observation:

Just a note to let you and the other legislators know that I fully support SJR 1. The cap for property tax needs to be implemented now. Those who dont vote in favor are telling me they want to raise this tax in the future.

I wish I could share every comment.

Another reader wrote: It was unbelievable how much property tax I was paying before the reduction. I was going to put my place up for sale and move. But now I will stay. Lets get this vote.

Indeed. Lets get this vote.

Call the speaker today, tomorrow and every day until we get to vote or until April 15, whichever comes first.

As we approach the final, critical weeks of the legislative session, I want to make sure your voice is heard in Indianapolis.

I will be holding town hall meetings from 9:30 to 11: 30 a.m. April 11, and from 6:30 to 8 p.m. April 17. Were still working on locations.

I will have a post-session town hall meeting from 9 to 11 a.m. May 2.

Please mark your calendars, and tell your friends. But first, call the speaker.

Rep. Ed Clere represents District 72 in the Indiana House of Representatives. He may be reached by phone at 800-382-9841, by e-mail at h72@in.gov or by mail at the Statehouse, 200 W. Washington St., Room 401-7, Indianapolis, IN 46204.
You can also email Representative Bauer at h6@in.gov.

          





Comments from Lt Col Ben Gipe

Mr. Speaker Bauer,

PLEASE put this bill to a vote. WE MUST HAVE TAX RELIEF! Please do everything you can to make SJR 1 law.

Additionally: As a retired Marine Corps Officer I am gravely concerned that our Federal government is heading in the wrong direction. Please do not make the same mistakes concerning unlimited government spending, increased taxes and threats to our Bill of Rights at the state level. Indiana needs to be an example of tried and true American values for the rest of America. You can make it happen.

God bless you and yours,

Benjamin D. Gipe
LtCol USMC (Ret)
3803 Quarry Road
New Albany, IN 47150




CLERE: Work it out, don't walk out

By ED CLERE
Local Columnist

Two Democrats deserve a shout-out. I expect they won't be the only two.

After the Indiana General Assembly's regular session ended without a state budget making a special session necessary Democrats and Republicans agreed to a process for developing a budget.

A special committee was formed, composed of two members and one advisory member from each of the four legislative caucuses equal numbers of Democrats and Republicans.

It was co-chaired by House Ways and Means Committee Chairman Bill Crawford, a Democrat, and Senate Appropriations Committee Chairman Luke Kenley, a Republican.

The committee was scheduled to meet four times, starting last Tuesday. At the first meeting, as planned, Gov. Mitch Daniels presented his recommended budget. Three subsequent meetings were scheduled for public testimony and committee discussion. It was hoped that the committee would come to agreement on a budget, with the governor's proposal as a good starting point.

With such agreement, in theory, the special session would be short and harmonious.

The governor has called the special session. It starts Thursday, but it may not be short and harmonious.

The special committee's second meeting, on Thursday, started with a walkout by Democrats. All three House Democrats - including Rep. Crawford, co-chair of the special committee and one Senate Democrat walked out.

They accused Daniels of playing politics and deceiving the public.

It appears they were upset because the governor gasp! invited the public to be part of the process. Crawford and the other Democrats who walked out Reps. Terry Goodin and Scott Pelath and Sen. John Broden should have joined the governor in inviting the public.

Instead, they prefer to make deals behind closed doors, putting special interests ahead of taxpayers.

We can be thankful the Crawford Complainers are not representative of most Democrats in Indianapolis. Most are serious, thoughtful and responsible. I have enjoyed getting to know my fellow legislators in both parties, and I have come to appreciate and respect a number of Democrats.

Not all of the Democrats walked out of the special budget committee meeting.

Two Democrats Sens. Lindel Hume and Karen Tallian stayed for the all-day hearing along with the Republicans. Their rejection of partisan theatrics is the sort of behavior that will make the special session a success.

Staying in the room doesn't mean you agree with everyone. It just means you're willing to work with them.

Sometimes, walking out is the best option. If a meeting becomes intolerable because of unfair treatment or offensive conduct, walking out can be an appropriate way to make a statement. In this case, however, the Democrat walkout was completely unprovoked.

No one likes to make budget cuts, but we were elected to make tough decisions, not to act like children who decide to take their toys and go home because they don't get to win every time.

As I said in last week's column, Hoosiers should be the winners. With the start of the fiscal year only three weeks away, it's too late in the game to play games.

The governor didn't ask for the job of actually writing a budget. I'm sure he would have preferred that Crawford do his job as chairman of the House Ways and Means Committee, which is where the budget starts.

But Crawford failed to lead, so the governor agreed to be the bad guy and develop a balanced budget that makes lots of cuts that all of us would prefer not to have to make.

After the Democrat walkout on Thursday, I was feeling pretty down about the prospects for the special session.

Then, on Friday, I attended the Gold Leaf Volunteer Recognition Luncheon. The Community Foundation of Southern Indiana puts on the annual event to give nonprofits a chance to recognize volunteers and raise awareness of their organizations.

I am a past recipient of a Gold Leaf Volunteer Award, and I wear my pin proudly.

At Friday's luncheon, I was honored to be a guest of the Pilot Club of New Albany.

The club was honoring Jane Gleitz, a charter member of the Pilot Club. Sitting with her and her fellow Pilots and watching as she and dozens of other volunteers were recognized made me feel more hopeful.

A booklet provided a one-paragraph summary of each volunteer's contributions. Gleitz's was typical:

Jane was one of the initial organizers of the Pilot Club and Safety Town USA, which has benefitted many children in the surrounding area for 50 years. She produced the decorations for the opening day of the Senior Games Luncheon, which is an event organized by Lifespan. She has also volunteered with The Salvation Army and Interfaith.

Those few words say a lot.

The volunteers who were recognized Friday work for the greater good. I'm optimistic we will see Democrats and Republicans alike step forward in the same spirit and help make the special session a success for all Hoosiers.

Two Democrats have already shown us how it's done.






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