
Senate GOP Reveals its Proposed Budget - April 14, 2023
Season 35 Episode 15 | 26m 46sVideo has Closed Captions
Senate GOP unveils its proposed budget. The Senate changes the Don’t Say Gay bill.
Senate GOP unveils its proposed budget. The Senate changes the Don’t Say Gay bill. Plus, the state Supreme Court weighs a COVID class-action ban and more.
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Indiana Week in Review is a local public television program presented by WFYI

Senate GOP Reveals its Proposed Budget - April 14, 2023
Season 35 Episode 15 | 26m 46sVideo has Closed Captions
Senate GOP unveils its proposed budget. The Senate changes the Don’t Say Gay bill. Plus, the state Supreme Court weighs a COVID class-action ban and more.
Problems playing video? | Closed Captioning Feedback
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Learn Moreabout PBS online sponsorship>>> THE SENATE GOP UNVEILS ITS PROPOSED BUDGET.
THE SENATE CHALLENGES THE DON'T SAY GAY BILL.
PLUS THE STATE SUPREME COURT WEIGHS A COVID CLASS ACTION BAN AND MORE.
FROM THE TELEVISION STUDIOS AT WFYI, IT'S INDIANA WEEK IN REVIEW FOR THE WEEK ENDING APRIL14, 2023.
>>> INDIANA LAWMAKERS IS MADE POSSIBLE BY THE SUPPORTERS OF INDIANA PUBLIC BROADCATING STATIONS.
THIS WEEK, THE STATE BUDGET PLAN UNVEILED BY SENATE REPUBLICAN DOES NOT INCLUDE ANY EXPANSION OF THE STATE'S SCHOOL INVENTORY SEARCHER PROGRAM.
MARKING A MAJOR SPLIT FROM THE HOUSE GOP.
>> HOUSE REPUBLICANS WANT TO ALLOW FAMILIES OF FOUR THAT EARN UP TO $220,000 TO ELIGIBLE FOR VOUCHERS WHILE REMOVING ALL OTHER ELIGIBILITY GUIDELINES.
SENATE REPUBLICAN BUDGET ARCHITECT SAYS HE AND HIS CAUCUS HAVE CONCERNS ABOUT THAT INCREASE BUT HE SAYS THE TABLE BUDGET COULD INCLUDE SOME EXPAND.
>> I CAN NEVER SIT HERE AND SAY THEY EVER BECAUSE THEY'RE ADAMANT ABOUT IT SO WE'LL HAVE TALK ABOUT THAT IN THE NEXT TWO WEEKS.
>> THE SENATE GOP BUDGET BEGINS TO 20 SOME LOCAL PROPERTY TAX DOLLARS AWAY FROM TRADITIONAL PUBLIC SCHOOLS TO CHARTER SCHOOLS.
DEMOCRATIC SENATOR EDDY MELTON CALLS THAT A NEW MODEL THAT HAND BEEN FULLY VETTED AND DISCUSSED.
>> WE KNOW MANY OF OUR SCHOOLS ARE IN IMPROV RUSHES AREAS.
>>> THE SENATE BUDGET PLAN DOES ELIMINATE TEXTBOOK CAN CURRICULUM MATERIAL FEES FOR ALL K 12 PUBLIC AND CHARTER SCHOOL STUDENTS.
HOW WILL VOUCHER FUNNELING SHAKE OUT IS THIS IT'S THE FIRST QUESTION FOR OUR INDIANA WEEK IN REVIEW PANEL, DEMOCRAT ANN DELANEY, REPUBLICAN MIKE O'BRIEN, JON SCHWANTES, HOST OF INDIANA LAWMAKERS, AND NIKI KELLY, EDITOR-IN-CHIEF OF THE INDIANA CAPITAL CHRONICLE.
I'M INDIANA PUBLIC BROADCASTING BROADCASTING STATE HOUSE BUREAU CHIEF BRANDON SMITH F. MIKE O'BRIEN, WHO LINKS FIRST?
>> BY TRADITION FOR THE SENATE TO BLINK A LITTLE.
THIS IS REALLY THE SIGN , THE HOUSE IS VERY AGGRESSIVE IN EXPANDING CHARTERS AND FUNDING THAT EXPANSION.
AND THEY DID THAT IN THE FIRST HALF.
REMOVED THE EXPAND -- WHO COULD GO TO A CHARTER SCHOOL AND TAKE VAN ADVANTAGE OF THOSE DOLLARS.
THE SENATE WENT THE OTHER DIRECTION.
BUT AGAIN WHAT THEY'VE DONE IN THE PAST IS THE LAND SOMEWHERE NOT IN THE MIDDLE, THEY DON'T LAND SOMEWHERE THAT LEANS TOWARDS THE SENATE'S -- ONE THING I THOUGHT WAS INTERESTING IN THE K-12 BUDGET, FOR THE FIRST TIME THAT I CAN RECALL -- >> 50 PERCENT OF THE ENTIRE BUDGET.
>> THE ENTIRE BUDGET.
YEAH SHARE OF THE BUDGET AND THE EXPECTATION WAS THE MEDICAID FORECAST AND THE GROWTH OF THAT AND THE LAST TIME THAT HAPPEN WHEN WE HAD A PART OF THE MEDICAID PROGRAM ON THIS TRAJECTORY, REMEMBER FOR YEARS WE HAD PROTECTIONS THIS PLACE FOR INSTITUTIONAL NURSING HOMES AND THERE WAS ALWAYS A PUSH FOR MANAGED CARE AND IF HEALTH AND MEDICAID POLICY MAKERS ALWAYS RELATIONED AND WHEN THE FISCAL GUYS START SEEING WHERE THAT GROWTH CURVE WAS GOING THE LAW CHANGED.
BUT IT WAS INTERESTING THAT H FLAGGED THAT AND WHAT WE DO IF THAT MEDICAID PROGRAM GOING FORWARD.
>> SO LAST TIME ON VOUCHERS, THE LAST TIME STATE BUDGET, FALL WHAT MIKE TALKED ABOUT, THE HOUSE GOES AGGRESSIVE, THE SENATE DOESN'T AND THEY MEET SOMEWHERE IN BETWEEN, BUT WE HAVE A REVENUE FORECAST THAT DETERMINES HOW MUCH MONEY THE LAWMAKERS HAVE TO WORK WITH WITHIN THE NEXT STATE BUDGET, THAT'S COMING UP THIS WEEK ON THE NOON 19TH.
THE LAST TIME THERE WAS 2 BILLION-DOLLARS THEY WEREN'T EXPECTING SO IT WAS LIKE, LET'S DO EVERYTHING NOW.
THIS ONE EVERYBODY IS EXPECTING WILL BE ROUGHLY IN LINE WITH THE NUMBERS THEY'VE BEEN WORKING ON THIS WHOLE TIME.
GIVEN THAT DO WE END UP TOWARDs SOME EXPANSION?
>> I WISH WE WOULDN'T, NOW WE'RE GIVING WELFARE TO THE RICH.
220,000 AND THEY'RE ELIGIBLE FOR VOUCHERS?
THE THE ORIGINAL IDEA BEHIND THE VOUCHER PROGRAM WAS TO SAVE STUDENTs FROM PARTICIPATING IN FAILING SCHOOLS.
WE'VE FORGOTTEN ALL OF THAT.
TALK ABOUT THE CAMEL'S NOSE UNDER THE TEMPT, THE CAMEL IS IN THE TENT, AND IT'S RIDICULOUS THE AMOUNT OF MONEY WE'RE SPENDING ON THAT AND HOW MUCH WE'RE DEPRIVING THE 93 PERCENT OF STUDENTS OF OF THAT REVENUE BUT THE SENATE VERSION ISN'T MUCH BETTER BECAUSE THE GROWTH IN PROPERTY TAX IS GOING TO GO TO CHARTER SCHOOLS.
WE'RE TAKING TAX -- I UNDERSTAND BUT IT'S STILL EXPANDING AT THE EXPENSE OF PUBLIC SCHOOLS AND HUH HAVE THAT SITUATION, WHEN YOU TAKE TAX MONEY FROM ENTITIES THAT ARE ELECTED TO SPEND IT AND RAISE IT AND GIVE IT TO PRIVATE ENTITIES THAT HAVE VERY LITTLE IF ANY SUPERVISION, I MEAN THAT IS FRAUGHT WITH RISK.
WE DON'T KNOW WHETHER THE CHARTER SCHOOL AND VOUCHER SCHOOLS ARE PAYING THE PRINCIPALS A QUARTER OF A MILLION DOLLARS AND PROVIDING HEALTH CARE FOR THEIR EMPLOYEES AND IT IS A DISGRACE THAT TAX MONEY IS GOING INTO THOSE POCKETS WITHOUT ACCOUNTABILITY.
>>IVELY NOTE THAT CHARTER SCHOOLS ARE PUBLIC SCHOOLS AND AND THAT THEY HAVE TO TAKE EVERYONE.
>> NO, THEY DON'T.
>> STATE LAW SAYS -- >> WELL, AND THEY ARE ALREADY FUNCTIONING IN THAT -- A LOT OF THESE SCHOOLS THAT ARE THEY'RE TAKING OVER ARE ANTIQUATED AND THEY MAY NOT HAVE ELEVATORS IN THEM FOR KIDS WITH DISABILITIES, SO THEY DON'T TAKE EVERYONE.
>> THEY PHYSICALLY CAN'T BUT THEY CAN'T TURN THEM AWAY THE WAY A PRIVATE SCHOOL CAN.
>> THE WAY A PUBLIC SCHOOL CAN'T.
>> SO WE ASKED TODD HOUSTON YESTERDAY IN THIS VOUCHER CONVERSATION, SO THERE'S TWO THINGS THE HOUSE DID, ONE IS THEY RAISEs THE INCOME ELIGIBILITY UP TO 220 THOUSAND DOLLAR FOR A FIREMAN FAMILY OF FOUR ANDING TOOK AWAY ALL THE PATHWAYS, YOU HAD TO HAVE GONE TO A PUBLIC SCHOOL FIRST OR HAVE A SIBLING IN THE CHARTER SCHOOL, TODD SAID WE CARE ABOUT BOTH BUT WHEN HE THE QUESTION IS -- IF YOU ONLY HAD TO DO ONE HE WAS REALLY INTO GETTING RID OF THE PATHWAYS.
IS THAT THE MOST LIKELY SCENARIO?
>> I THINK THAT'S WHERE WE'RE HEADED.
INITIALLY YOU HAD TO ATTEND A PUBLIC SCHOOL, BUT THE ONE BIGGEST ONE -- NO, FIRST OF ALL YOU HAD TO ATTEND A PUBLIC SCHOOL PERIOD, A FAILING SCHOOL PERIOD.
NOW WHATEVER SCHOOL -- EVEN IF YOU'RE GOING TO AN A RATED SCHOOL YOU STILL HAD TO GO TWO IT FOR TWO SEMESTERS.
THAT'S THE BIG ONE THEY WOULD LIKE TO GET RID OF AND FRANKLY THAT FUNDS THE CURRENT PETE SCHOOL STUDENTS WHO NEVER HAD ANY INTENTION OF GOING TO PUBLIC SCHOOL.
>> AND WHOSE PARENTS CAN AFFORD TO SENT THEM TO PRIVATE SCHOOLS.
>> THERE'S ALSO THIS CHARTER SCHOOL PIECE WHICH THEY LOWER THE ALCOHOL GRANT, STARTS TO BRING THAT DOWN WHILE GIVING CHARTER SCHOOLS SOME PROPERTY TAX MONEY.
NOW, TO EXPLAIN THIS QUICKLY WHAT IT WOULD DO IS IT WOULD SAY IN THAT SCHOOL DISTRICT FOR THE PUBLIC SCHOOLS YOU TAKE THREE YEAR AVERAGE OF THE PROPERTY TAXES THAT THEY GET OR THE ASSESSED VALUE AND THEN IF IT INCREASES THAT'S WHERE THE MONEY COULD COME OUT OF SO IF YOU HAVE APP AREA THAT ISN'T GET A BOOST IN PROPERTY TAX REVENUE THE CHARTER SCHOOL COULDN'T SEE THAT MUCH MONEY.
IS THAT SOMETHING THAT WE'RE MOVING TOWARDS?
>> THERE ARE SO MANY LOT TWISTS AND TURNS HERE AND I GUESS WE SHOULD APPLAUD THE CREATE CREATIVITY TO ADDRESS EVERY SCENARIO WHICH I THINK WE'LL STIPULATE APP AN IMPOSSIBILITY.
ILL AGREE WITH WHAT'S BEEN SAID, THESE ARE THE PARAMETERS AND WE'LL PROBABLY SEE SOMETHING IN THE MIDDLE.
AND I AGREE ALSO THAT WE PROBABLY THE PATHWAYS WILL BITE THE DUST ENTIRELY OR IN PRACTICAL TERMS.
AND THAT'S WHY WE HAVE LEGISLATIVE SERVICES AGENCY, NON-PARTISAN OR BIPARTISAN ENTITY WHICH DOES IF COST ANALYSES AND LOOK AT THE IMPACT OF THE PROGRAMS AND SO LOOKING FORWARD MAYBE 90 PERCENT OF THE STUDENTS CAN FAMILIES WHO WOULD BENEFIT FROM THE VOUCHERS WOULD HAVE NEVER SET FOOT IN PUBLIC SCHOOL.
>> IT'S WELFARE FOR THE RICH IS WHAT IT IS.
>> IT'S A DRAMATIC DEPARTURE -- >> IT'S WELFARE, DON'T BE AFRAID.
>> AND WE WOULD HAVE PREDICTED THIS.
BECAUSE JUST AS THE SUPERMAJORITY HAS THE FIXATION, THE SENATE DOES TOO.
THEIRS HATCHES TO BE PAYING DOWN DEBT SO THEY LOOK AT THEIR REPUBLICAN COUNTERPARTS AND SAY WHAT IS THE OBSESSION WITH PAYING DOWN PENNING DEBT AND THE OTHERS SAY WHAT IS THE OBSESSION -- I GUESS WE ALL HAVE OUR -- >> I WANT TO MAKE ONE NOTE ON THE CHARTER SCHOOL THING WHICH IS FASHION NATEING, RIGHT NOW THE STATE IS GIVING EXTRA GRANTER OF CASH THEY'RE TAKING AWAY THE STATE OBLIGATION AND PUTTING IT ON THE BATS OF PROPERTY TAXPAYERS WHEN THE IDEA WAS THE STATE WAS TAKING OVER OPERATIONS OF PUBLIC SCHOOLS.
>> THEY TOBACCO TEXT BOOKS OUT.
>> THAT'S TRUE THE HOUSE REPUBLICAN BUDGET SAID NO MORE TEXTBOOK FEES FOR SENATES BUT THE SENATE -- THERE'S A DIRECT LINE.
>> THE SENATE VERSION WOULD GIVE PROPERTY TAX GROWING TRACK REVENUE TO CHARTER SCHOOLS, THEY MAY NOT HAVE STUDENTS FROM THE AREA WHERE THE PROPERTY TAX IS BEING RAISED IF I UNDERSTAND CORRECTLY.
>> I THINK THE WAY IT IS NOW.
>> YOU HAVE TO BE FROM THAT COUNTY OR A CONTIGUOUS COUNTY.
>> THE TAXES IN WASHINGTON TOWNSHIP ARE NOT GOING TO BE THE SAME AS THE TAXES -- >> THEY CONSIDER IT.
>> THE GOOD POINT ABOUT THE GOVERNESS WE OFTEN THINK OF THESE NEGOTIATIONS FROM HERE TO THE END OF THE SESSION AS A TWO PARTY, NO, IT'S THREE BECAUSE THE GOVERNOR CERTAINLY AND THE ADMINISTRATION WILL WEIGH IN TOO AND IN THAT REGARD IT'S CLEAR THE IS THAT THE POLE IS A BETTER PRO-NEXT OR A CLOSER MIRROR OF WHAT HE WANTS, SO THE ODDS ARE STACKED -- IT'S NOT A 50/50 PROPOSITION.
IF HE WEIGHS IN HE MAY WELL CARRY THE DEAL.
>> A BILL REMINISCE SENT OF FLOOR'S DON'T SAY GAY LEGISLATION WHICH IS CALLED BY SOME IN INDIANA AS DON'T SAY THEY PASSED OUT OF THE INDIANA SENATE AFTER SIGNIFICANT CHANGE.
INDIANA PUBLIC BROADCASTING'S VIOLET COMBER-WILEN REPORTS DEMOCRATS FOUGHT AGAINST THE PACKAGE.
>> THE BILL WOULD LIMIT TEACHING HUMAN SEXUALITY IN PRE-K THROUGH THIRD GRADE AND IT WOULD REQUIRE TEACHERS TO NOTIFY PRECIPITATES IF A STUDENT CAPABLES THEIR NAME OR PRONOUN.
SENATOR J.D.
FORD TESTIFIED AGAINST THE PASSAGE OF THE BILL SAYING IT PUTS LGBTQ YOUTH IN AN UNCOMFORTABLE POSITION.
>> IT'S SIMPLE RESPECT.
JUST CALL KIDS BY THE NAME THEY'RE ASKING TO GO BY.
>> THE BILGE DEFINED WHAT SUBJECTS IT BEEN TALKED ABOUT IN SCHOOL TO PROHIBIT HUMAN SEXUALITY WHICH MANY OPPONENT SAY IS VAGUE.
THE BILL PASSED 37-12.
I WOULD NOW HEADS BACK TO THE HOUSE FOR FURTHER CONSIDERATION.
>> SO IS THE BILL ORIGINALLY SAID THAT SCHOOLS -- IF A STUDENT COMES UP TO A TEACHER AND SAYS I WANT TO CHANGE MY NAME THE SCHOOL HAS TO GO TO THE PARENT AND GET CONSENT.
NOW IT'S IMMEDIATELY NOTIFICATION.
IS THAT A REASONABLE CHANGE?
>> DOES IT MAKE THE BILL LESS ONEROUS?
SURE IT DOES.
IT'S JUST AN ATTEMPT BY THE RESEARCH MAJORITY TO BEAT UP ON A SUBGROUP SO THEN SHOW THEIR VOTERS THAT THEY'RE TOUGH.
THE IDEA THAT TEACHERS IN PRESCHOOL ARE TEACHING SEX EDUCATION IS RIDICULOUS.
YOU DON'T LEARN ABOUT THAT IN FIRST, SEND OR THIRD GRADE OR PRESCHOOL SO IT'S NOT HAPPENING YET THEY HAVE TO PASS A BILL, A SOLUTION IN SEARCH OF A PROBLEM.
THEY'RE DOING THE SAME THING WITH THIS.
PARENTS KNOW WHEN THEIR CHILDREN ARE TRANSGENDER OR WHEN THEY'RE GAY, THEY KNOW THAT AND IF THEY DON'T KNOW IT IT'S BECAUSE THEY WILLFULLY DON'T KNOW IT.
>> BECAUSE THE CHILD IS TRYING THE HIDE IT.
>> OR MAYBE THE CHILD DOESN'T REALIZE, THAT'S ALSO POSSIBLE DEPENDING ON THE AGE, SO ALL THEY'RE TRYING TO DO IS TO SHOW TO THEIR PRIMARY VOTERS THAT THEY'RE TOUGH ON TRANSGENDER INNS AND TOUCH ON ANYTHING THAT HAS TO DO WITH SEX AND IT'S REPREHENSIBLE THAT THEY -- THEY TARTED OUT GAYS IN GENERAL AND FOUND OUT THERE WERE TOO MANY OF THEM SO NOW THEY'VE NARROWED IT TO TRANSGENDER BECAUSE IT'S A SMALLER GROUP IS.
>>> WE TALKED ABOUT THE IDEA THAT A LOT OF PARENTS WANT TO KNOW IF SOMETHING LIKE IS GOING ON WITH THEIR KIDS AND IN WE AS A SOCIETY WANT THE PARENTS TO BE INVOLVED AND TO KNOW, BUT THERE ARE THOSE HOPEFULLY SMALLER CASES WHERE IT'S PROBABLY NOT A GOOD IDEA FOR THE PARENT TO KNOW.
CONTINUE AND NOTIFICATION IN THAT SENSE DOES IT MAKE MUCH OF A DIFFERENCE?
>> NO.
>> NO BECAUSE TO THAT POINT YOU'RE STILL REQUIRING DISCLOSURE.
YOU'RE REQUIRING SOME COMMUNICATION BETWEEN THE SCHOOL AND PARENT AND THIS IS TOO BLUNT OF A SOLUTION FOR ME BECAUSE AS A PARENT I WOULD WANT TO KNOW BUT I'M NOT BEATING THE KID UP WHEN HE COMES HOME EITHER, BUT THERE ARE PARENTS THAT -- AND THE SCHOOL KNOWS THAT LARGELY.
BUT TEACHERS KNOW THESE KIDS, YOU CAN LOOK AT THIS IN A MORE COMPREHENSIVE WAY, THE KID CAME TO ME AND SAID I'M A HE NOT A SHE.
MAYBE I AL KNOW THAT THAT FAMILY IS POOR, MAYBE I ALSO KNOW THAT THERE ARE MARITAL TISSUES IN THE HOME, BECAUSE GIVEN THE FLEXIBILITY OF THE SCHOOL CORPORATION AND THE STAFF AND TEACHERS THAT CAN SEE A MORE COMPLETE PICTURE IS THE WAY TO DO IT AND THE WAY IT'S BEEN DONE.
>> I WANT TO TALK ABOUT ANOTHER PROVISION THAT WAS TAKEN OUT OF THAT BILL WHICH WAS THE LANGUAGE IN THE BILL THAT SAID IF A TEACHER -- IF A STUDENT SAYS I WANT YOU TO CALL ME THIS NAME OR I WANT YOU TO CALL ME THIS PRONOUN CAN THE PARENTS SUPPORT IT THE TEACHER CAN SAY MY RELIGION TELL MES ME THAT I'M NOTE GOING TO DO THAT AND THERE WAS PROTECTION FOR THE TEACHER IF THAT CIRCUMSTANCE.
THAT LANGUAGE WAS TAKEN OUT OF THIS BILL.
I'LL ASK YOU, JON ARE YOU EYES SURPRISEs THAT WAS THE CASE?
>> THIS WAS THE SUBJECT OF JUDICIAL DEBATE AND I THINK THE SECOND CIRCUIT COURT OF APPEALS IN CHILDREN ISSUED AN OPINION THAT SAID THE SCHOOL DISTRICT DID NOT ENGAGE -- OR URGING THE REMOVAL -- I DON'T KNOW IF FIRE OR RESIGNATION, WHICH IS AN INTERESTING OPINION BECAUSE LIKE SO MANY OPINIONS NOW THAT COME OUT OF FEDERAL COURTS THAT CONFLICTS WITH AN OPINION THAT'S SIMILAR THAT CAME OUT OF AN ADJACENT STATE IN OHIO A YEAR OR TWO BACK WHICH THAT WAS A POST-SECONDARY INSTITUTION AND THE COURT RULED THE OPPOSITE.
>> THAT'S WHY WE HAVE A SUPREME COURT.
>> THEY'RE GOING TO BE BUSY ON THESE THINGS BUT I DON'T KNOW IF THAT PLAYED INTO THIS, BECAUSE HOW OFTEN DO WE HEAR IT'S GOING TO BE LITIGATED, WHY SHOULD WE WEIGH INTO IT NOW.
>> BUT WILE SEE WHAT THE HOUSE DECIDES TO DO WITH THIS BILL.
THEY COULD CONCUR OR TAKE IT TO COMMITTEE BUT WE THINK -- I'M TALKING.
>> WHEN THEY DID THE AMENDMENT TO TAKE THE LANGUAGE OUT ON THE TEACHERS BEING ABLE TO REFUSE AND TO CHANGE TO IT TO NOTIFICATION ONLY THAT WAS DONE IN CONJUNCTION WITH THE HOUSE AUTHOR AND HOUSE LEADERSHIP IN ANTICIPATING OF A CONCURRENCE.
>> THE REASON THEY SAID IS THAT BECAME AN ISSUE IS BECAUSE IF YOU HAVE PARENTS WHO DISAGREE, LIKE WHAT IF ONE PARENT IS OTHER THAN WITH IT, ONE IS NOT.
>>> TIME NOW FOR VIEWER FEEDBACK.
EACH WEEK WE POSE ANEN SCIENTIFIC ONLINE QUESTION AND THIS WEEK'S QUESTION IS SHOULD A PARENT BE NOTIFIED BID A SCHOOL WHEN A CHILD ASKS TO CHAIN THEIR NAME OR PRONOUNS.
A.
YES.
B.
NO.
LAST WEEK WE ASKED YOU WHETHER STUDENTS WHO AREN'T GOING TO ENLIST IN THE MILITARY SHOULD BE ALLOWED TO USE A MILITARY EXAM TO GRADUATE FROM HIGH SCHOOL.
28 PERCENT OF YOU SAY YES, 72 PERCENT OF YOU SAY NO.
IF YOU WOULD LIKE TO TAKE PART IN THE POLL GO TO WFYI.ORG/IWIR.
>>> THE 2021 STATE LAW THAT BANS CLASS ACTION LAWSUITS AGAINST COLLEGES AND UNIVERSITIES RELATED TO COVID-19 COULD BE STRUCK DOWN BY THE INDIANA SUPREME COURT.
THE COURT HEARD A CASE THIS WEEK THAT STEMS FROM A STUDENT'S CLARKS AGAINST BALL STATE UNIVERSITY SEEKING A REFUND AFTER IN PERSON CLASSES WERE CANCELED DURING THE PANDEMIC.
>> AFTER THE STUDENT'S LAWSUIT WAS FILEDDED THE LEGISLATURE PASSED A LAW BANNING CLARKS SUITS AGAINST INSTITUTIONS.
THE COURT OF APPEALS SIDED WITH THE IS STUDENT SAYING THE BAN IMPROPERLY INTERFERED WITH COURT PROCEDURES BE ATTORNEY BRIAN PAUL SAYS THE LEGISLATURE WAS MAKING A POLICY STATEMENT TO PROVIDE SCHOOLS WITH RELIEF AS THEY FACED UNPRECEDENTED CHALLENGES.
>> THE SCHOOLS SHOULD NOT HAVE TO DEFEND THOSE CLAIMS WHILE ALSO FACING THE COSTS AND PRESSURES TO SETTLE CLASS ACTION LITIGATION.
>> THE ATTORNEY REPRESENTING THE STUDENT SAYS THE LAW DEALS WITH COURT PROCEDURES NOT THE POWER OF THE LEGISLATURE.
>> THE STATUTE IS TRY TO SAY YOU STUDENTS WHO OTHERWISE UNDER CONTRACT LAW WOULD BE ENTITLED TO THOSE REFUNDS WE'RE NOT- GOING TO GIVE YOU A VIABLE MECHANISM TO RECOVER YOUR MONEY.
>> THERE IS NO TIMETABLE FOR THE COURT'S RULING.
>> JON SCHWANTES, COULD COLLEGES AND UNIVERSITIES BE IN REAL TROUBLE IF THIS LAW IS OVERTURNED?
>> I SUPPOSE THEY COULD BE FIRING UP THEIR -- GETTING LONG SERVING LIGHTBULBS BECAUSE THERE WOULD BE A LOT OF WORK TO BE DOPE.
THIS IS A COMMON COMPLAINT THAT -- I'VE HEART IT FROM MY KITS WHO WERE CAUGHT UP IN THIS AND I FELT STITT TOO AS SOMEBODY PAYING THE BILLINGS, BUT LET'S GET DOWN TO ITON -- THERE'S A DEBATE OVER WHETHER THERE'S A CONTRACTUAL OBLIGATION UNIVERSITIES HAVE.
I DON'T THINK THERE'S A CONTRACTUAL OBLIGATION ABOUT THE PREMIUM OF DELIVERY BUT LET'S LOOK AT SUBDIVISIONS OF GOVERNMENT, THEY ALREADY HAVE WIDE LATITUDE ASIDE FROM THE COVID ISSUE IN TERMS OF SOVEREIGN IMMUNITY UNLESS THERE'S RECKLESS CONDUCT AND I THINK MOST PEOPLE WOULD BE HARD-PRESSED TO SAY THE RESPONSE TO A PANDEMIC NECESSARILY WOULD BE THAT.
>> THAT WAS RAIDED SEVERAL TIMES IN THE ARGUMENT, WE'VE NEVER SEEN ANYTHING LIKE THIS BEFORE.
>> IF THIS IS ABOUT PROCEDURE WHAT ABOUT -- I MEAN THE GENERAL ASSEMBLY IF YOU LOOK IT WOULD TOMORROW CLAIMS ACT IN INDIANA IT'S FORMULATED BY THE GENERAL ASSEMBLY ABOUT GUN GUN MAKER'S LIABILITY -- >> THE POINT IS THERE'S NOTHING IN THIS STATE LAW THAT TALKS ABOUT CLASS ACTION.
THOSE ARE CREATED BY COURT RULES SO THAT'S THE POINT, IS THAT IF THEY ARE BASICALLY PASSING A LAW THAT IMPACTS THE COURT RULING BECAUSE THERE'S NOT A STATUTE.
>> IT COULD STILL BE DISMISSED -- >> IT COULD BUT THEY DIDN'T.
>> THE QUESTION WAS THEY APPEARED TO HAVE MADE A BALANCING ACT, THEY JUST TOOK AWAY THE CLASS ACTION AND SAID YOU COULD STILL SUE INDIVIDUALLY -- >> THAT MIGHT BE WHERE THE PROBLEM LIES IN WHICH CASE THE LAWRENCE MIGHT HAVE TO REVISIT THIS.
BECAUSE EVERY COLLEGE AND UNIVERSITY IS NOW ON THE HOOK POTENTIALLY FOR THOUSANDS CAN OF DOLLARS.
>> IF YOU DON'T HAVE THE CLASS ACTION, THE QUESTION IS WHETHER IT'S ECONOMICAL TO BRING SUIT TO THE $5,000 YOU THINK YOU'RE SEX ASSAULT ON A CHILDED TO BUT YOU'RE RIGHT, THIS COURT DECIDED THAT CASES THAT DON'T HAVE THAT MUCH IN THE WAY OF DAMAGES WITH BE AGGREGATED FOR CONVENIENCE, NOT ONLY OF THE PLAINTIFF AS BUT THE COURTS AND FOR THIS LEGISLATURE TO JUMP IN AND SAY YOU CAN'T DO THAT STRIKES ME AS -- YOU CAN OUTLAW OR YOU CAN GIVE A CAUSE OF ACTION OR TAKE IT WAY.
>> SENATE RESEARCHES THIS WEEK HONORED THE NATIONAL RIFLE ASSOCIATION AHEAD OF THE NATIONAL CONVENTION A DAY AFTER A SOUTHERN INDIANA MAN SHOT AND KILLED FIVE PEOPLE IN LOUISVILLE.
>> THE SENATE RESOLUTION HONORING THEN LOUISIANA NOTED THING LONG HISTORY IN TEACHING PEOPLE FIREARM SAFETY.
THE AS YOU HEAD OUT THE DOOR GAVE SPECIAL RECOGNITION TO CONTROVERSIAL CEO WAYNE LAPIERRE GYRE I WANT TO PERSONALLY THANK YOU FOR YOUR SERVICE AND DID OCCASION PROMOTING THE SECOND-DEGREE MURDER RIGHTINGS OF OUR CITIZENS NOT ONLY IN INDIANA BUT ACROSS THE UNITED STATES OF AMERICA.
>> SENATE DEMOCRATS DIDN'T OPPOSE IT IN ANY WAY ON THE FLOOR WHETHER BY SPEAKING ABOUT THE MEASURE OR NO VOTES.
SENATE DEMOCRATIC LEADER GREG TAYLOR ABOUT HOW HIS CAUCUS SHOWED A RESPECT FOR DECORUM.
>> INSIDE INDIANA BUSINESS NIKI KELLY, ARE YOU SURPRISED THE DEMOCRATS DID NOTHING?
>> I WAS SHOCKED.
WE HAVE HAD SEVERAL MASS SHOOTING IN RECENT WEEKS INCLUDING THAT ONE THAT INVOLVED AN INDIANA COMPANY AND AN INDIANA SHOOTER.
THEY HAD THE NRA OF THEM.
IN TENNESSEE THEY GOT THEMSELVES EXPELLED.
AND I UNDERSTAND DECORUM BUT WHERE YOU CAN STILL GO UP TO THE PODIUM -- >> NOT ONLY THAT THEY DIDN'T EVEN BOTHER TO SAY NO.
>> YOU CAN'T GET YOU HAVE AND SAY WE DISAGREE WITH THAT AND THEY SAT SILENT.
>> THEY SHOULD HAVE PROTESTED.
IT'S OUTRAGEOUS -- WHEN YOU LOOK AT A SUPREME COURT THAT SAYS IF IT DIDN'T EXIST IN 1865 WE'RE NOT CONSIDERING I WOULD.
HOW MANY AK 47S WERE THERE IN 1865?
AS FAR AS THEY'RE CONCERNED THERE IS NO GUN THAT IS NOT PROTECTED BY THIS -- TESTIFY EVERY GUN IS PROTECTED BY THE SECOND-DEGREE MURDER AND I WOULD HAVE PERSPECTIVED THEY STOOD UP AND SAY THIS IS A DISGRACE AND GRANTED THEY'RE BRINGING 36 MILLION BUT WE DON'T WANT THEM TO COME HERE.
>> IT WOULD BE SHOCKING REGARDLESS BUT ESPECIALLY THIS THE WAKE OF TENNESSEE DISEASE DOES ITS LOOK WORSE FOR DEMOCRATS?
>> I GUESS IT'S HOOSIER HOSPITALITY AND WE DON'T LIKE HALF THE GROUPS WHO CAN IN HERE FOR CONVENTIONS.
I'M NOT DISAGREEING -- >> FOR THE RECORD I THOUGHT THEY HANDLED IT GREAT.
>> THAT'S INDIANA WEEK IN REVIEW FOR THIS WEEK.
OUR PANEL IS DEMOCRAT ANN DELANEY, REPUBLICAN MIKE O'BRIEN, JON SCHWANTES, HOST OF INDIANA LAWMAKERS, AND NIKI KELLY, EDITOR-IN-CHIEF OF THE INDIANA CAPITAL CHRONICLE.
YOU CAN FIND INDIANA WEEK IN REVIEW PODCASTS AT WFYI.ORG/IWIR OR ON THE PBS VIDEO APP.
I'M BRANDON SMITH OF INDIANA PUBLIC BROADCASTING.
JOIN US NEXT TIME BECAUSE ALLOTS CAN HAPPEN IN AN INDIANA WEEK.
THE OPINIONS EXPRESSED ARE SOLELY THOSE OF THE PANELISTS.
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