2/24/2023 Session Update

By: Anna White

We have several major legislative updates for you this week. Before going into the specifics, it’s important to acknowledge that this week was very difficult for LGBTQ+ people and their families. Despite significant community opposition, two harmful bills targeting students and youth continued forward. HB 1608 was referred to the Senate and SB 480 passed the committee hearing this week.

On Monday (02/20), HB 1608, Human Sexuality Instruction, passed its committee hearing. The bill, dubbed Indiana’s Don’t Say Gay bill, bans any instruction on human sexuality in kindergarten through third grade. It also bans teachers from using names, titles, or pronouns inconsistent with a student’s biological sex unless a) the student’s parents file a formal request at the beginning of the school year, b) the student is an emancipated minor, or c) the student is at least 18 years of age. The bill also ensures that staff cannot get in trouble for using only names, pronouns, and titles consistent with a student’s biological sex. Trans and nonbinary youth, who are already at an increased risk of mental health problems and suicide, deserve a safe, welcoming school environment. This bill would stand in their way. 

SB 480, which passed its committee hearing on Wednesday (02/22), bans gender transition procedures for those under the age of 18. While surgical transition interventions for those under the age of 18 are rare due to hospital policies, this bill would remove agency from families and youth and put it into the hands of the government. 

IIn our core focus areas, two other notable bills that deserve your attention have continued forward. The first bill is HB 1334, Absentee Voting, which essentially increases documentation requirements for voting-by-mail. This targets seniors, who are more likely to vote-by-mail and less likely to have a valid form of government identification, such as a driver’s license. There is no evidence for widespread vote-by-mail fraud, but there are some indicators that making voting by mail easier increases voter access and engagement. Read more about it in the bill tracker below.

Lastly, SB 376 passed its first committee hearing in early February, (02/06), and was passed through the Appropriations Committee (02/23) after being reassigned. The bill provides Medicaid eligibility for certain individuals who have immigrated and are lawfully residing in the United States and meet other Medicaid eligibility requirements. This expansion in healthcare access could be lifesaving in some Indiana households. Healthcare is a human right, and everyone deserves access. We thought we’d draw your attention to this bill as it faces its third reading.

That’s a wrap on updates! Check out the bill Tracker below.
**If you or a loved one needs help, the Trevor Project offers a 24/7 crisis support line for LGBTQ+ people and their loved ones, where you can talk with a counselor by phone or instant messaging.

Women’s Health

  • SB 153: Allows pharmacists to prescribe and dispense oral and patch hormonal contraceptives. Requires healthcare plans to provide coverage for contraceptives and certain services. Grants exemption for nonprofit religious employers. 

    • Status: First reading: referred Committee on Health and Provider Services on 01/09

  • SB 252: Allows for LARCS to be transferred between Medicaid recipients. The aim of this bill is to eliminate medical waste for LARCs that were prescribed for one patient but never actually used (IUDs and arm implants). Missouri, which has less Medicaid recipients than Indiana, has saved $1.8 million from a similar bill. 

    • Status: First reading: referred to Committee on Health and Provider Services on 01/11

    • Adopted and passed by Health Provider Services Committee on 02/02

    • Second reading; ordered engrossed on 02/06

    • Third reading; passed unanimously on 02/07

    • Referred to the House on 02/09

  • SB 311: Reestablishes the licensure of abortion clinics, changes statutes regarding when abortions may be performed; removes eight-week limitation for abortion-inducing drug

    • Status: First reading: referred Committee on Health and Provider Services on 01/12

  • SB 376: Provides Medicaid eligibility for certain individuals who have immigrated and are lawfully residing in the United States and meet other Medicaid eligibility requirements. Specifies eligibility for the children’s health insurance program (CHIP) for lawfully residing individuals under 19 years of age. 

    • First Reading: referred to Committee on Family and Children Services on 01/19

    • Passed and Adopted by Committee on 02/06; reassigned to Committee on Appropriations

  • SB 425: Pregnancy Accommodations: Requires an employer to grant an employee’s reasonable request for a known limitation related to the pregnancy absent undue hardship to the employer’s business. Provides that an employer may not require an employee to take leave under a leave law or a business policy if there is another reasonable accommodation possible. Establishes civil action for violation.

    • Status: First reading: referred to Committee on Pensions and Labor on 01/19

  • HB 1568: Allows pharmacists to prescribe and dispense oral and patch hormonal contraceptives. Provides that pharmacists who oppose contraceptives on moral or religious grounds are exempt from prescribing them.

    • Status: First Reading: referred to Committee on Health and Provider Services on 01/19

    • The Committee hearing for this bill began on 02/07 but did not close with a decision until the hearing continued on 02/14.

      • It passed its hearing on 02/14, but with an amendment that prohibited pharmacists from prescribing abortion-inducing drugs.

      • Second Reading: Amended, ordered engrossed 02/16

      • Third Reading : Passed, 02/20

      • Referred to the Senate on 02/21

    • 02/16: Second reading: ordered engrossed

Sexual Harassment, Assault, & Consent

  • HB 1066: Provides that if schools provide education on human sexuality or sexually transmitted infections, the school must provide comprehensive sexual education, using appropriate instructors. 

    • Status: First Reading: referred to Committee on Education on 01/09 

  • HB 1224: Allows pharmacists to prescribe and dispense oral and patch hormonal contraceptives. Requires healthcare plans to provide coverage for contraceptives and certain services. Grants exemption for nonprofit religious employers. 

    • Status: First Reading; referred to Committee on Public Health on 01/10

  • HB 1364: Elements of Rape: Provides that a person commits rape if the other person submits to sexual intercourse or other sexual conduct under the belief that the person committing the act is someone the victim knows, other than the person committing the act, and the belief is intentionally induced by artifice, pretense, or concealment. 

    • Status: First Reading: referred to Committee on Courts and Criminal Code on 01/17

Economic Stability

  • SB 259: Provides a sales tax exemption for feminine hygiene products

    • Status: First Reading: Referred to Committee on Tax and Fiscal Policy on 01/11

  • HB 1137: Provides that it is unlawful practice to: (a) discriminate pay based on sex; (b) discipline or interfere with any employee or other person who inquired about, disclosed, or discussed the employee’s wages; (c) require wage nondisclosure as a condition for employment, or (d) require an employee to sign a waiver or other document denying them the right to disclose wage information. 

    • Status: First Reading: referred to committee on Employment, Labor, and Pensions on 01/10

Voter Access

  • HB 1131: Redistricting Commission: Establishes a redistricting commission to create, hold hearings on, receive public comment on, and recommend plans to re-draw general assembly districts and congressional districts. Provides appointment of 4 commission members by legislative leadership. 

    • Status: First Reading: referred to Committee on Elections and Apportionment

  • HB 1334: Absentee Voting: Provides that an agency of the state or a political subdivision may not provide an individual with an application for an absentee ballot unless requested by the individual or member of the individual’s family. Provides that an absentee ballot must include: (1) certain identification numbers, or (2) a photocopy of: (A) the applicant’s Indiana’s driver’s license , (B) the applicant’s Indiana identification card number for nondrivers, or (C) other specified proof of identification. 

    • Status: First Reading: Referred to Committee on Elections and Apportionment on 01/12

    • Amended and Passed by Committee on 02/16

    • Second Reading: Amended, Ordered Engrossed on 02/21

    • Third Reading: Passed 02/22

    • Referred to Senate on 02/23

 

Equality

  • SB 480: Gender transition procedures for minors; Prohibits a physician or other practitioner from (1) knowingly providing gender transition procedures to an individual who is less than 18 years of age, and (2) aiding or abetting another physician or practitioner in the provision of gender transition procedures to a minor. Establishes civil enforcement actions.

    • First Reading; referred to Committee on Health and Provider Services on 01/19

    • Passed and Adopted in Committee 02/23

  • HB 1608: Human Sexuality Instruction: Bans human sexuality instruction in Kindergarten through Third Grade; bans teachers from using names, titles, or pronouns inconsistent with a student’s biological sex unless the student’s parents file a request at the beginning of the school year stating otherwise, or if the student is an emancipated minor or 18 years of age. Ensures that staff cannot get in trouble for using only names, pronouns, and titles consistent with a student’s biological sex. 

    • Status: First Reading: referred to Committee on Education 01/19

      • Passed & Adopted by Committee on 02/20

      • Second Reading: Ordered Engrossed on 02/22

      • Third Reading: Passed on 02/23

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