♪♪ >> A FINAL BUDGET WITH >> A FINAL BUDGET WITH OVERWHELMING SUPPORT.

UNEMPLOYMENT BENEFITS TAXED.

PLUS, A DEBATE OVER INDIANA'S RED FLAG LAW AND MORE ON INDIANA WEEK IN REVIEW FOR THE WEEK ENDING APRIL 23RD, 2021.

>> INDIANA WEEK IN REVIEW IS MADE POSSIBLE BY THE SUPPORTERS OF INDIANA PUBLIC BROADCASTING STATIONS, AND BY ICE MILLER, ICE MILLER IS A FULL SERVICE LAW FIRM COMMITTED TO HELPING CLIENTS BUILD, GROW, AND PROTECT THEIR INTERESTS.

MORE AT ICEMILLER.COM.

>> THIS WEEK, MAYBE THE BIGGEST SURPRISE OF THE 2021 LEGISLATIVE SESSION HAPPENED ON ITS FINAL DAY WHEN A NEW, 37-BILLION-DOLLAR STATE BUDGET PASSED WITH ALMOST NO OPPOSITION.

>> THE BUDGET INCREASES K-12 SCHOOL FUNDING BY MORE THAN ONE BILLION DOLLARS - AN AMOUNT THAT APPEARS TO BE UNPRECEDENTED.

IT ALSO INCLUDES, FOR THE FIRST TIME, A MANDATE ON TEACHER PAY: SCHOOLS MUST SPEND 45 PERCENT OF THE PER-PUPIL FUNDING THEY GET ON EDUCATOR SALARIES, A RECOMMENDATION FROM THE GOVERNOR'S TEACHER COMPENSATION COMMISSION.

THE LEGISLATURE HAS LONG AVOIDED MANDATES ON HOW LOCAL SCHOOL DISTRICTS SPEND THEIR DOLLARS.

SPEAKER TODD HUSTON SAYS NOW IS AN IMPORTANT TIME FOR SCHOOLS TO MAKE THE RIGHT INVESTMENTS.

>> SPEAKER TODD HUSTON (R-FISHERS): WE'VE STEPPED UP.

NOW, IT'S TIME FOR LOCALS TO STEP UP BECAUSE WE REALLY DON'T WANT TO BE MORE PRESCRIPTIVE, BUT WITH THE TYPE OF INVESTMENTS WE'RE MAKING, IF IT DOESN'T GET TO TEACHER PAY WE MIGHT JUST HAVE TO BE.

>> THE NEW STATE BUDGET WILL ALSO ALLOW FAMILIES OF FOUR MAKING NEARLY 150 THOUSAND DOLLARS A YEAR TO GET ACCESS TO PRIVATE SCHOOL VOUCHERS.

DEMOCRATIC SENATOR EDDIE MELTON, WHO DID VOTE FOR THE BUDGET, STILL SAYS THAT WAS A WRONG MOVE.

>> SEN. EDDIE MELTON (D-GARY): THIS IS STILL SIPHONING FUNDS AWAY FROM OUR TRADITIONAL K THROUGH 12 PUBLIC SCHOOLS.

>> THE THREE DEMOCRATS WHO VOTED AGAINST THE BUDGET COULDN'T STOMACH THE SIGNIFICANT EXPANSION FOR PRIVATE SCHOOL VOUCHERS.

TWO REPUBLICANS ALSO VOTED AGAINST IT, WITHOUT PUBLIC EXPLANATION.

>> IS A STATE BUDGET PASSING WITH 142 YES VOTES TO JUST FIVE NO VOTES THE BIGGEST SURPRISE OF THE SESSION?

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, STATEHOUSE REPORTER FOR THE FORT WAYNE JOURNAL GAZETTE.

I'M INDIANA PUBLIC BROADCASTING STATEHOUSE REPORTER BRANDON SMITH.

ANN DELANEY, WOULD YOU HAVE VOTED FOR THIS BUDGET?

>> THAT'S A TOUGH QUESTION.

I'M GLAD THEY PUT THE EXTRA MONEY IN FOR SCHOOLS.

I'M GLAD PRESIDENT BIDEN PROVIDED EXTRA MONEY.

I DON'T LIKE THE EXPANSION OF VOUCHERS.

I THINK WE STARTED THIS WHOLE PROGRAM WITH VOUCHERS AND CHARTER SCHOOLS TO GIVE POOR PARENTS IN FAILING SCHOOLS CHOICES.

AND NOW WE'RE GIVING RICH PARENTS THE OPPORTUNITY TO SEND THEIR KIDS TO CATHEDRAL OR PARK TUDOR OR SOME OTHER PLACE.

I DON'T THINK WHAT THE CONSTITUTION SAYS YOU HAVE A KUHN FORM SYSTEM OF SCHOOLS ENVISIONED VOUCHERS TO PEOPLE MAKING $150,000 A YEAR TO SEND THEIR CHILDREN TO PRIVATE SCHOOLS.

ON BALANCE, I WOULD HAVE VOTED NO JUST BECAUSE OF THAT.

I'M GLAD THE SCHOOL FUNDING IS THERE, I'M GLAD THEY LISTENED TO MY HUSBAND, $40,000 STARTING SALARIES FOR TEACHERS.

THAT PART IS GOOD.

THE OTHER PART NOT GOOD.

>> IF THERE WERE TWO NO VOTES AND REPUBLICAN.

>> I WOULD HAVE BELIEVED YOU.

>> BELIEVE THAT.

>> IT'S WORTH NOTING DEMOCRATS, WE WERE JUST TALKING ABOUT POOR FAMILIES AND FAILING SCHOOLS, THEY DON'T SUPPORT THAT EITHER.

NOW WE'VE REACHED THIS THRESHOLD, DEMOCRATS ARE OPPOSED, IT IS REAL -- ON THEIR PART.

THERE WAS AN EXPANSION IN SAVINGS ACCOUNT, WHAT IS NOTABLE ABOUT THAT, THAT PROGRAM NOW APPEARS TO SIT ON A LINE ITEM.

WHERE THEY'LL HAVE TO ADVOCATE FOR AN INCREASE, THE SCHOOL FUNDING FORMULA GROWS, SO TOO DOES THE CHOICE BUDGET.

AND THEY CHANGED THE CRITERIA OVER TIME AS ANN DESCRIBED IT, ADJUST FOR FAMILIES MAKING A CERTAIN PERCENT OF POVERTY.

THAT'S IMPORTANT, YOU'RE GOING TO HAVE TO ARGUE THAT THESE EDUCATION SAVINGS ACCOUNTS ARE USEFUL, USED FOR THE RIGHT REASONS, AND IF THEY'RE NOT, NOT TAKING AWAY FROM K-12 EDUCATION.

I LOT OF THE ADVOCACY GROUPS SAID THAT PRESUMED HAD THEY KILLED THAT PROGRAM, THAT MONEY GOES TO THE K12, THEY SAID IF THE FORECAST INCREASED, WHICH IT DID BY $2 BILLION NATIONAL VAST MAJORITY OF THOSE DOLLARS WOULD GO TO K12 EDUCATION, THEY MADE GOOD ON THAT COMMITMENT BROUGHT ALL THESE DEMOCRATS TO SUPPORT THIS, THE BEST BUDGET, PORTER AND OTHERS LEADER ON TEACHER PAY AND SCHOOL FUNDING AND K12 EDUCATION PUBLIC SCHOOLS, HAVE BEEN LEADERS ON THIS FOR YEARS, SUPPORTING IT FOR THAT REASON.

>> THEY FINALLY PUT A MANDATE ON TEACHER PAY IN ADDITION TO THE RECOMMENDATION THAT ALL SCHOOLS SET $40,000 AS THE FLOOR FOR SALARIES AND IF THEY DON'T THEY HAVE TO REPORT TO THE STATE WHY THEY DIDN'T.

BUT IN ADDITION THEY HAVE TO SPEND 45% OF PER PUPIL FUNDING ON EDUCATOR'S SALARIES.

IF THEY'RE SPENDING THAT MUCH, IN I THINK 100 SOME SCHOOL DISTRICTS AREN'T DOING THAT NOW OR WEREN'T IN THIS LAST ROUND, ARE YOU SURPRISED THEY FINALLY DID IT HERE AT THE END?

>> I GUESS I AM A BIT.

IT CERTAINLY DIDN'T LOOK THAT WAY A FEW WEEKS AGO WHEN WE ON THIS SHOW TALKED ABOUT BASICALLY ALL 36 OR SO RECOMMENDATIONS OF THE GOVERNOR'S TASK FORCE ON COMPENSATION FOR TEACHERS EFFECTIVELY HAVING TO WAIT ON THE SIDE LINES FOR YET ANOTHER YEAR OR BIENNIUM.

THAT'S A SURPRISE.

THE OTHER THING IS, GEE, IT'S PRETTY EASY IN HINDSIGHT.

FOR YEARS I BOUGHT INTO THE NOTION THAT THIS IS A REALLY TOUGH -- LOCAL SCROLL IS THE ISSUE, HOME RULE, WE'RE NOT GOING TO TELL SCHOOL BOARDS HOW TO SPEND THEIR MONEY, AND I SORT OF -- THIS IS LIKE AN EPISODE OF MR.

OBVIOUS, HOW CAN WE ACCOMPLISH THIS BEFORE MACHINATIONS OF PUBLIC HEARINGS.

IF THEY DIDN'T DO THIS, GEE, THIS IS THE MOST OBVIOUS THING, LET'S PUT A THRESHOLD OF 45% AND SAY YOU CAN NEVER REDUCE THE AMOUNT YOU SPEND ON TEACHER SALARIES, EVEN IF YOU HAVE EXPERIENCED TEACHERS WHO RETIRE AND ARE REPLACED BY ROOKIES, YOU CAN'T SAY OH, THIS IS AN OPPORTUNITY TO SAVE MONEY, THAT THRESHOLD HAS TO ALWAYS BE THE SAME OR MOVING FORWARD.

TWO OBVIOUS FIXES THAT SEEM TO ELUDE US, THE STATE, FOR -- >> BECAUSE THEY DIDN'T WANT TO PUT THE MONEY IN IT.

>> FIND ANOTHER $2 BILLION.

>> THAT, TOO.

BUT THE HOME PHILOSOPHY JUST SORT OF WITH ONE -- >> YOU DON'T HAVE A PHILOSOPHY.

IT IS WHEREVER ON A GIVEN DAY.

>> THIS IS SESSION 22 FOR YOU, DOES THIS RATE TOP TEN BIGGEST SURPRISES?

>> ABSOLUTELY.

WE WERE ALL CHATTING BEFOREHAND ABOUT HOW MANY DEMOCRATS WE THOUGHT MIGHT GO.

10, 15, SOMETHING LIKE THAT.

WHEN WE SAW THAT ALL OF THEM WENT FORWARD IN THE HOUSE, IT WAS, YOU KNOW, PRETTY AMAZING.

AND EVEN A FEW OF THEM VOTED, YOU COULD TELL THEY WERE HAVING TROUBLE GIVING PRAISE BECAUSE IT WAS LIKE THEY KNEW IT WAS A GOOD BUDGET, BUT THEY DIDN'T WANT TO GIVE TOO MUCH PRAISE.

>> AND THEY DID DIRECT SOME OF THEIR PRAISE TO PRESIDENT BIDEN AND DEMOCRATS FOR A LOT OF THE ONE-TIME SPENDING INCLUDED.

SPEAKING OF THE BUDGET, >> INDIANA WILL TAX UNEMPLOYMENT BENEFITS RECEIVED IN 2020 AS INCOME IN LEGISLATION HEADED TO THE GOVERNOR THIS WEEK.

INDIANA PUBLIC BROADCASTING'S JUSTIN HICKS REPORTS LAWMAKERS DEBATED WHETHER TO TEMPORARILY WAIVE THE TAXES IN ORDER TO MATCH A ONE-TIME FEDERAL TAX BREAK.

>> LAWMAKERS IN THE HOUSE WANTED TO SHIELD A LITTLE MORE THAN $10 THOUSAND DOLLARS OF UNEMPLOYMENT BENEFITS FROM STATE INCOME TAX, MIRRORING FEDERAL TAX RELIEF PROVIDED TO OUT-OF-WORK HOOSIERS.

BUT THE SENATE DISAGREED AND REMOVED THAT LANGUAGE IN THE NOW-FINAL VERSION OF THE BILL.

REPUBLICAN REPRESENTATIVE DAN LEONARD ARGUED IT'S ONLY FAIR TO TAX UNEMPLOYMENT INSURANCE WHEN SOME HOOSIERS RECEIVED MORE THAN THEY WOULD WORKING AT A LOWER-WAGE [$20 AN HOUR] JOB.

BUT DEMOCRATS BRISTLED AT THE CHANGE TO THE BILL, ACCUSING SOME LAWMAKERS OF RESENTING PEOPLE WHO RECEIVED BENEFITS IN THE PANDEMIC.

HERE'S REP. ED DELANEY.

>> REP. ED DELANEY (D-INDIANAPOLIS): PEOPLE WERE ASKED TO STAY HOME [AND] CHANGE THEIR LIVES AND SOME OF THEM GOT A FEW DOLLARS MORE THAN THEY USED TO GET.

ISN'T THAT JUST TERRIBLE.

>> MEANWHILE, IN THE FINAL BUDGET, THE STATE IS SET TO SPEND $500 MILLION DOLLARS OF FEDERAL RELIEF MONEY TOWARDS REFILLING THE UNEMPLOYMENT FUND.

>> # MIKE O'BRIEN, IS THIS FAIR TO THOSE OUT-OF-WORK HOOSIERS?

>> I HOPE ONE DAY WE HAVE AN HONEST CONVERSATION, ALL THESE RELIEF DOLLARS, AND STIMULUS AND ALL OF THIS, HOPEFULLY, WE HAVE AN HONEST CONVERSATION ABOUT WHAT WE DID WAS FAIR AND WHAT WE DID WAS UNFAIR, THERE ARE SMALL BUSINESSES STILL SUFFERING, PEOPLE WERE GETTING 1,500 CHECKS WHO DEFINITELY DIDN'T NEED THEM, WHO DIDN'T SUFFER AT ALL BECAUSE OF THIS.

BUT WE SPREAD THAT MONEY EVERYWHERE.

AND TO SATURATED STATE BUDGETS, INDIVIDUALS WHO MAKE 75, $80,000 A YEAR AND CONTINUED TO MAKE 75 OR $80,000 A YEAR, FREE MONEY ON PEOPLE ON UNEMPLOYMENT WHO WENT ON UNEMPLOYMENT AND GOT ENHANCED UNEMPLOYMENT.

THIS TASTES BAD TO ME.

PARTICULARLY IN THE CONTEXT OF THE WINDFALL OF MONEY THAT THE STATE GOT IN THE LAST COUPLE WEEKS.

THIS WASN'T A REVENUE PLAY.

SO THIS PART TASTES BAD, BUT IT IS A PART OF A LOT OF THINGS THAT TASTE BAD, IN COVID THAT WE NEEDED AND WE BLINDLY SAID IT IS AN EMERGENCY, IT IS A PANDEMIC, GIVE THEM THE MONEY.

WE FOUND OUT IMMEDIATELY ON THE BACK END OF THE FIRST STIMULUS THAT YOU HAD MULTI-BILLION DOLLAR CORPORATIONS GETTING 10S OF MILLIONS OF DOLLAR IN PPP LOANS WHO NEVER NEEDED IT.

I HOPE WE DO THE ACCOUNTING ON THE BACK END AND DECIDE WHAT WAS FAIR.

THIS TO ME LEAVES A LITTLE BIT OF A BAD TASTE IN MY MOUTH.

>> TIM BROWN AND OTHERS DID MENTION THAT FOR THE FIRST $12,000, IF YOU GOT LESS THAN $12,000 IN THOSE UNEMPLOYMENT BENEFITS THOSE WOULDN'T BE TAXED OTHER THAN NORMAL SORT OF TAX ROLES.

>> HE SAID IF YOU EARN LESS IN GENERAL YOUR WAGES FOR THE WHOLE YEAR ARE LESS THAN 12 THOUSAND, YOU DON'T PAY TAXES ON THAT.

BUT UNEMPLOYMENT, IF THAT WAS PART, IT WOULD STILL BE TAXED.

>> DOES THIS MAKE SENSE TO YOU?

>> THE ANSWER TO THE QUESTION YOU FIRST ASKED IS NO, IT'S NOT FAIR, IT'S NOT FAIR AT ALL.

AND IT IS INSULTING, IN FACT, THAT THE PEOPLE -- I KNOW THAT SOME OF THE STIMULUS CHECKS WENT OUT TO PEOPLE WHO DIDN'T NEED IT, THE IDEA BEHIND THAT FROM BOTH TRUMP AND BIDEN WAS TO PUT MONEY IN THE ECONOMY AND GET PEOPLE SPENDING TO JUICE UP THE ECONOMY AGAIN.

>> $2 BILLION INCREASE IN THE REVENUE.

>> THE UNEMPLOYMENT BENEFITS WERE TO PEOPLE WHO LOST WORK BECAUSE OF COVID.

AND THE IDEA THAT SOMEHOW $600 A WEEK IS GOING TO CATAPULT THEM INTO THE TOP 1% OR SOMETHING IS CRAZY.

WE SHOULDN'T HAVE TAXED IT, AND AT THE SAME TIME I FIND THEY'RE PUTTING A POOL OF MONEY INTO THE UNEMPLOYMENT COMPENSATION FUND.

AND WHAT THAT MEANS OF COURSE IS THAT EMPLOYERS WILL HAVE TO PAY LESS IN UNEMPLOYMENT TAXES.

>> AT LEAST THEY WON'T HAVE TO -- >> THEY WON'T HAVE TO INCREASE, BUT THE EMPLOYEES CAN PAY TAXES FOR THAT.

IT IS CLEARLY UNFAIR.

>> THERE IS NO SMALL COST TO IF THEY HAD DECIDED TO ALLOW THESE THINGS TO BE DEDUCTED, IT IS I THINK OVER $100 MILLION WAS AN ESTIMATE, BUT IN THIS PARTICULAR YEAR, IS THAT AS MUCH OF A DEFENSE AS UNUSUAL?

>> I SAW ANYWHERE FROM 100 MILLION TO 150 MILLION, IT SEEMED LIKE A WEIRD LINE IN THE SAND TO MAKE, ESPECIALLY WHEN WE'RE THROWING MONEY AROUND LIKE CANDY AT THE END, YOU GET A MILLION, AND YOU GET A MILLION.

EVERYONE GOT MONEY.

SO JUST SEEMED LIKE AN ODD THING.

I DO WANT TO NOTE I DON'T THINK CORPORATIONS WHO GOT PPP LOANS HAD TO PAY TAXES ON THAT.

SO, AGAIN, IT WAS JUST NOT QUITE FAIR.

>> ALL RIGHT.

TIME NOW FOR VIEWER FEEDBACK.

EACH WEEK WE POSE AN UNSCIENTIFIC, ONLINE POLL QUESTION IN CONJUNCTION WITH OUR ICEMILLER E-MAIL AND TEXT ALERTS.

THIS WEEK'S QUESTION: SHOULD INDIANA TAX UNEMPLOYMENT BENEFITS RECEIVED DURING THE PANDEMIC, AS IT ALWAYS HAS BEFORE?

A, YES, OR B, NO.

LAST WEEK'S QUESTION: DOES THE JOHNSON & JOHNSON VACCINE PAUSE MAKE YOU MORE HESITANT TO GET A COVID-19 VACCINATION?

JUST 9% OF YOU SAY YES, 91% SAY NO.

I'LL ADMIT I'M SURPRISED BY THAT ONE.

IF YOU WOULD LIKE TO TAKE PART IN THE POLL GO TO WFYI.ORG/IWIR AND LOOK FOR THE POLL.

INDIANA'S SO-CALLED RED FLAG LAW COULD HAVE STOPPED 19 YEAR-OLD BRANDON HOLE FROM LEGALLY BUYING THE GUNS HE USED TO KILL EIGHT PEOPLE AT A FEDEX FACILITY LAST WEEK.

WFYI'S JILL SHERIDAN REPORTS ON WHAT WENT WRONG.

>> POLICE SEIZED A GUN FROM HOLE LAST YEAR FOLLOWING A MENTAL HEALTH CALL FROM HIS MOTHER WHO WORRIED HER SON WOULD HARM HIMSELF, NO PETITION WAS FILED.

THE LAW SAYS A COURT HEARING SHOULD TAKE PLACE WITHIN 14 DAYS OF SEIZURE.

MARION COUNTY PROSECUTOR RYAN MEARS SAYS THIS TIGHT WINDOW AND A LACK OF ACCESS TO MENTAL HEALTH RECORDS LIMITS THE OFFICE IN BUILDING A CASE.

>> RYAN MEARS: WE WANT TO BE ABLE TO SAY WE MADE A DECISION BASED ON HAVING AN OPPORTUNITY TO TALK TO HEALTH CARE PROFESSIONALS, REVIEW MEDICAL RECORDS, LOOK AT SOMEONE'S MENTAL HEALTH HISTORY.

THOSE ARE THE THINGS THAT SHOULD BE IMPORTANT TO THESE DETERMINATIONS AND THE TIMEFRAME AND THE STATUTE JUST DOESN'T ALLOW FOR THAT.

>> BECAUSE THE FAMILY WILLINGLY GAVE UP THE WEAPON, HOLE WAS BRIEFLY TRANSFERRED TO A MENTAL HEALTH FACILITY AND NO ONE CONTESTED THE SEIZURE, A FOLLOW UP PETITION WAS ALSO NOT FILED.

FOR THE LAW TO WORK, A COURT WOULD NEED TO DETERMINE THAT THE INDIVIDUAL HAS A PROPENSITY FOR VIOLENCE OR MENTAL INSTABILITY.

>> NIKI KELLY, I'LL START WITH THIS QUESTION.

DO YOU FORESEE CHANGES TO INDIANA'S RED FLAG LAW IN THE FUTURE?

>> I'M NOT SURE, I THINK IT'S WORKED PRETTY WELL OVERALL.

I THINK IN THIS CASE, AS PEOPLE HAVE POINTED OUT IN VARIOUS ARTICLES, I MEAN, THE PROSECUTOR MEARS COULD HAVE ASKED FOR A CONTINUANCE, AND HE DIDN'T.

AND I THINK IT'S FAIR TO QUESTION WHY HE DIDN'T.

HE SEEMED CONCERNED ABOUT THE ONE GUN THAT THEY HAD TAKEN, AND NOT THE FACT THAT HE COULD STILL GO OUT AND BUY MORE, WHICH IS WHAT HE DID.

>> HOW MUCH OF THIS, THE DEBATE ABOUT, IS THE RED FLAG LAW HAVE TOO MANY LOOPHOLES, ET CETERA, WAS KICKED OFF IN A LOT OF WAYS BY RYAN MEARS, IS THAT HIM BEING DEFENSIVE ABOUT WHAT HE DID A YEAR AGO?

>> WELL, IN A SAD SITUATION LIKE THIS, PEOPLE CAN FIND A LOT OF WHAT IFS, YOU KNOW, IF THIS HAPPENED, WE COULD HAVE AVERTED THIS, THAT'S A NATURAL PROCESS.

I SUPPOSE I WOULD BE DEFENSIVE, AS WELL.

BUT LET'S KEEP IN MIND OF WHAT THE LAW IS INTENDED TO DO.

IT'S REALLY ABOUT PEOPLE WHO ARE A DANGER TO THEMSELVES.

IT'S A SUICIDE PREVENTION MEASURE IS WHAT IT IS.

WHEN PEOPLE WHO IN THE HEAT OF THE MOMENT HAVE HAD A CRISIS, OR SOMETHING THAT SNAPPED, AND I AM GOING TO DO HARM.

THAT'S WHAT THIS IS ABOUT.

IN FACT, IF YOU -- I'M HESITANT TO SAY THINGS WORKED, CLEARLY WE HAVE A TRAGEDY THAT SHOWS THINGS DIDN'T WORK, SADLY.

BUT AT LEAST IN TERMS OF STAVING OFF A SUICIDE THAT THE SHOOTER'S MOTHER WAS CONCERNED ABOUT BACK IN MARCH OF 2020, IT WORKED IN THAT REGARD.

THE SHOTGUN THAT WAS THERE WAS CONFISCATED BY THE POLICE.

TIME TO GET A SUBPOENA, LOOK AT MENTAL HEALTH RECORDS, VERSUS THE 14-DAY WINDOW THAT YOU HAVE IN THE LAW AT WHICH POINT YOU HAVE TO GIVE GUNS BACK.

OTHER STATES HAVE TAKEN A DIFFERENT APPROACH, CONNECTICUT, THE FIRST STATE IN THE COUNTRY WHERE WE WERE SECOND, HAS LITTLE MORE RIGID OR A LITTLE MORE STRINGENT APPLICATION OF THE LAW, IF THERE IS A CONSIDERATION OF CHANGES IT MIGHT BE SOMETHING MORE TO ALONG THE LINES OF CONNECTICUT, BUT IT'S HARD TO SAY THAT ANYBODY REALLY BLEW IT IN THIS TRAGEDY?

MIKE O'BRIEN, DO YOU FORESEE ANYTHING CHANGING?

>> THE LEGISLATURE JUST ADDRESSED IN 2019 THE VERY THING RYAN MEARS IS POINTING TO THAT HE COULDN'T GO AFTER THAT THESE LOOPHOLES NEED TO BE CLOSED, THE ONE CLOSED IN 2019 WAS EXACTLY THIS SITUATION, THAT SOMEONE WHO HAD A GUN TAKEN AWAY, WENT AND BOUGHT ANOTHER ONE.

WE'VE GOT A PROSECUTOR IN MARION COUNTY THAT IS CUTTING BAD PLEA DEALS WITH VIOLENT OFFENDERS, WE HAVE REPEAT OFFENDERS IN ONE OF THE MOST VIOLENT YEARS IN INDIANA HISTORY.

THIS IS THE THIRD MASS SHOOTING.

HE'S ON TV -- THE ONLY TIME I SEE HIM ON TV IS WHEN HE TALKS ABOUT STUFF HE DIDN'T DO.

I'M NOT GOING TO PROSECUTE RIOTERS, LOW LEVEL CHARGE OFFENSES.

I DIDN'T FILE A RED FLAG CAUSE IN THIS.

SO, IT DOESN'T SURPRISE ME AT ALL.

BECAUSE THIS IS HOW WE'VE COME TO KNOW THIS PROSECUTOR.

>> NICE POLITICAL TRY.

THE FACT OF THE MATTER IS YOU CAN'T HOLD THE MARION COUNTY PROSECUTOR ACCOUNTABLE FOR MASS SHOOTINGS.

THAT'S THE LEGISLATURE, THEY'RE COMPLETELY IN THE THRALL OF THE NRA.

THIS IS DESIGNED TO PREVENT SUICIDES, NOT MASS SHOOTING.

IT WAS DESIGNED FOR MASS SHOOTINGS, HE WOULDN'T BE ABLE TO GO OUT THERE IN THE INTERIM BETWEEN THE HEARING AND THE GUN IS CONFI CONFISCATED, IN INDIANA, YOU CAN DO THAT.

THEY THINK THE SECOND AMENDMENT CAN'T BE TOUCHED, NO HOW MUCH PEOPLE ARE AT RISK IN THIS COUNTRY, THEY THINK EVERYBODY SHOULD HAVE ASSAULT WEAPONS.

>> IN THIS CASE THEY SAID YOU CAN'T GO BUY -- >> THAT IS EXACTLY WHAT IS HAPPENING IN THIS CITY, AND IN THIS STATE.

AND IT'S ALL BECAUSE OF THE LEGISLATURE.

>> I'M GOING TO ANSWER MY OWN QUESTION, I DON'T THINK ANYTHING IS CHANGING WITH THE RED FLAG LAW.

>> INDIANAPOLIS MOTOR SPEEDWAY OFFICIALS ARE PUSHING FOR HOOSIERS TO GET VACCINATED AHEAD OF THE INDY 500.

THAT'S AFTER STATE, LOCAL AND RACE OFFICIALS ANNOUNCED PLANS THIS WEEK TO HAVE A LIMITED NUMBER OF FANS - ROUGHLY 135 THOUSAND - ATTEND THIS YEAR'S RACE.

NONE WERE ALLOWED LAST YEAR DUE TO THE PANDEMIC.

>> HEALTH PRECAUTIONS INCLUDE TEMPERATURE CHECKS AT THE GATE, REQUIRED FACE COVERINGS WHILE INSIDE THE VENUE AND GUESTS BEING SPACED OUT IN THE STANDS.

>> PENSKE ENTERTAINMENT PRESIDENT MARK MILES SAYS THIS YEAR'S RACE WILL BENEFIT FROM ONGOING EFFORTS AT THE TRACK TO GET HOOSIERS VACCINATED.

>> MARK MILES: WE FORECAST BEFORE OUR EXTRA EFFORTS THROUGHOUT MAY, THAT SOMETHING APPROXIMATING 60% OF THE FANS IN THE STANDS ARE LIKELY TO BE VACCINATED.

AND I HOPE THAT WE CAN PUSH THAT UP MORE.

>> MILES SAYS IMS WILL LAUNCH A CAMPAIGN TO ENCOURAGE HOOSIERS TO GET VACCINATED.

THE TRACK WILL ALSO CONTINUE TO SERVE AS A SITE FOR PEOPLE TO GET VACCINATED -- WITH ADDITIONAL DATES FROM MAY 1ST THRU 27TH.

>> JON SCHWANTES, COULD THE 500 BE A BIG PART OF INDIANA GETTING MUCH CLOSER TO HERD IMMUNITY?

>> WE CERTAINLY HOPE SO, AS A NATIVE INDIANAPOLIS PERSON WHO GREW UP AMID THE EXCITEMENT OF THE INDIANA 500 AND WHO HAS LOVED IT FOR YEARS, I'M JUST THRILLED THAT WE'LL SEE IT BACK.

THIS WILL BE THE LARGEST SINGLE EVENT, I THINK, CERTAINLY SPORTING EVENT WHERE WE'VE HAD A MASS GATHERING SINCE THE START OF THE PANDEMIC.

AND THAT'S A BIG DEAL.

AND I DON'T KNOW IF IT'S GOING TO -- IF IN 20 YEARS PEOPLE AT THE CDC WILL LOOK BACK AND SAY, YOU KNOW, DO SOME ANALYSIS AND SAY THIS WAS THE START OF HERD IMMUNITY IN AMERICA.

I THINK IT'S A GOOD THING AND WE ALL LONG FOR THE DAYS THAT THE SNAKE PIT WAS KNOWN FOR THE TRANSMISSION OF DISEASES OTHER THAN COVID.

THE COMMON COLD IS WHAT I'M REFERRING TO.

>> SURE.

IS THERE ANY -- 40% CAPACITY.

WHEN YOU HEAR THAT, AND THAT'S NOT INCLUDING THE INFIELD, OKAY, THAT'S -- WE'VE BEEN ON PAR WITH THAT, THEN YOU REALIZE IT IS 135,000 PEOPLE, ANY PART OF YOU THAT GOES ARE WE QUITE READY YET?

>> EVERYTHING IS A RISK.

WE'RE DOING A BALANCING ACT EVERY DAY WE WALK OUT OF OUR HOUSES.

I WENT TO A RACE IN THE FALL THERE, AND PEOPLE HAD PLENTY OF SPACE, WE HAD EXTRA ROOM FOR OUR COOLERS, EVERYONE WORE THEIR MASKS, WE WERE OUTSIDE, I FELT VERY SAFE.

AND THAT WAS BEFORE VACCINES.

I THINK THIS CAN WORK.

>> THE 2021 LEGISLATIVE SESSION MAY BE OVER - SORT OF - BUT REPUBLICAN LAWMAKERS MIGHT STILL BE IN A FUTURE COURT FIGHT WITH GOVERNOR ERIC HOLCOMB AFTER THEY OVERRODE HIS RECENT VETO OF EMERGENCY POWERS LEGISLATION.

>> THE MEASURE ALLOWS THE GENERAL ASSEMBLY TO CALL ITSELF INTO SPECIAL SESSION DURING A PUBLIC EMERGENCY WHICH IS POTENTIALLY UNCONSTITUTIONAL.

IT'S A REACTION TO THE COVID-19 PANDEMIC AND MANY LAWMAKERS' FRUSTRATION AT FEELING SIDELINED WHILE HOLCOMB ISSUED DOZENS OF EXECUTIVE ORDERS.

THE GOVERNOR INSISTS THE INDIANA CONSTITUTION ONLY GIVES HIM THE AUTHORITY TO CALL A SPECIAL SESSION AND VETOED THE BILL.

REPUBLICAN LAWMAKERS ARE UNDETERRED.

HOUSE SPEAKER TODD HUSTON STRESSES THE POSITIVE RELATIONSHIP BETWEEN LEGISLATIVE LEADERSHIP AND HOLCOMB BUT SAYS THE BILL IS ABOUT THE FUTURE.

>> SPEAKER TODD HUSTON (R-FISHERS): LET'S HOPE IT NEVER HAPPENS AGAIN.

BUT IF IT DOES HAPPEN AGAIN AND THERE IS CONCERNS ABOUT THE ACTIONS TAKEN BY THE GOVERNOR - A FUTURE GOVERNOR - THEN THE LEGISLATIVE BODY HAS AN OPPORTUNITY TO COME BACK AND ENGAGE.

>> IN A STATEMENT, THE INDIANA DEMOCRATIC PARTY CRITICIZED LEGISLATIVE REPUBLICANS AS CARING MORE ABOUT “UNRULY PARTISANSHIP” THAN TACKLING ISSUES THAT MATTER TO HOOSIERS.

>> ANN DELANEY, WHAT DOES THIS SAY WE'VE TALKED A LOT ABOUT THE ISSUE HERE, THE CONSTITUTIONALITY ISSUE, BUT WHAT DOES THIS SAY ABOUT ABOUT GOV.

HOLCOMB'S INFLUENCE IN THE LEGISLATURE?

>> I THINK WHAT IT SAYS IS THAT THE REPUBLICANS IN THE HOUSE AND THE SENATE ARE CONTROLLED BY THE FLAT EARTH PART OF THEIR PARTY.

THE PEOPLE THAT DON'T BELIEVE IN SCIENCE AND DON'T BELIEVE IN TRUTH, AND SAY THERE IS NO SUCH THING AS THE COVID VIRUS, AND THAT MASKS DON'T SLOW THE TRANSMISSION OF THE DISEASE.

AND FRANKLY WORRIES ME A LITTLE THAT THEY THINK THEY CAN COME INTO SPECIAL SESSION AND MAKE THOSE DECISIONS, IT SHOWS GOVERNOR HOLCOMB IS PRETTY POWERLESS WITH THAT GROUP AS ARE THE LEADERS OF THE LEGISLATURE.

SO MANY REPUBLICANS ARE EITHER ON THE RIGHT WING OF THAT PARTY OR AFRAID OF THE RIGHT WING OF THE PARTY THAT THEY DO THESE KINDS OF NUTSY THINGS.

>> MIKE O'BRIEN, STRESSED THIS IS NOT ABOUT THE RELATIONSHIP WITH GOVERNOR HOLCOMB, BUT THEY APPLAUD WHAT HE DID OVER THE LAST YEAR TO TRY TO MANAGE AND CONTROL THIS PANDEMIC?

IS THAT BELIEVABLE?

>> THINK IT IS, I THINK IT IS NOT UNREASONABLE, I'VE SAID THIS A YEAR, I DON'T THINK IT'S UNREASONABLE TO REVISIT THIS ACT AND INVOLVE MORE OF THE GOVERNOR IN IT.

IT WAS NEVER CONTEMPLATED WE WOULD BE IN THIS A YEAR, IT WAS ORIGINALLY INTENDED FOR FLOODS AND TORNADO, AND EMERGENCY FUNDS AND THINGS LIKE THIS.

FOR THE LEGISLATURE TO SAY WE HAVE A ROLE IN THIS PROCESS BECAUSE THEIR CONSTITUENTS ARE FRUSTRATED.

>> I COULD SAY THAT THE GOVERNOR HAS TO CALL THEM IN SESSION BY X DAY IF THERE IS AN AN EMERGENCY RATHER THAN HAVING A LEGISLATURE.

>> WHICH WAS THE SENATE'S IDEA.

ALL RIGHT.

FINALLY, IT'S THE MOSTLY SORT OF END OF SESSION, SO IT'S TIME FOR GRADES.

MIKE O'BRIEN, WHAT GRADE DO YOU GIVE THE GENERAL ASSEMBLY FOR 2021?

>> I THINK AFTER THE BUDGET VOTE, YOU GOT TO GIVE THEM AN A, THE FACT THEY WERE IN THE ENTIRE TIME WITHOUT INCIDENT, YOU HAD CASES HERE AND THERE STAFF, BUT IT WAS VERY WELL MANAGED.

THE STAFF AT THE STATEHOUSE AND IT STAFF THAT BOTH LEADERS CREDIT IT WITH SUCCESSFUL SESSION, THAT'S GOT TO BE AN A BASED ON THE CIRCUMSTANCES.

>> WHAT IS YOUR GRADE, ANN DeLANEY.

>> MIGHT BE AN A IF THEY HADN'T EXPANDED THE VOUCHERS TO THE RICH PEOPLE, BUT WE'RE GOING TO TAX UNEMPLOYMENT, AND VOUCHERS TO PEOPLE -- >> A MINUS.

>> PROBABLY MORE LIKE A B.

>> NIKI KELLY.

>> MY BOOK CLUB SAID I'M A VERY HARD GRADER, I'M GOING TO GO WITH A MINUS.

I THINK THEY GOT A LOT MORE DONE, AND ALSO STOPPED A LOT OF KIND OF CRAZY PERIPHERAL THINGS.

>> MONEY DOESN'T BUY HAPPINESS, BUT APPARENTLY IT DOES BUY SUCCESS IN THE GRADING SYSTEM OR THE CLASSROOM, BECAUSE THROWING OUT MONEY SOMETHING YOU CAN BUY YOUR WAY TO AN A, THAT'S WHAT HAPPENED HERE.

>> I'M GIVING THEM AN INCOMPLETE, THEY HAVE TO COME BACK LATER THIS YEAR.

>> COP-OUT.

>> THAT'S INDIANA WEEK IN REVIEW FOR THIS WEEK.

OUR PANEL IS DEMOCRAT ANN DELANEY.

REPUBLICAN MIKE O'BRIEN.

JON SCHWANTES OF INDIANA LAWMAKERS.

AND NIKI KELLY OF THE FORT WAYNE JOURNAL GAZETTE.

IF YOU'D LIKE A PODCAST OF THIS PROGRAM YOU CAN FIND IT AT WFYI.ORG/IWIR OR STARTING MONDAY YOU CAN STREAM IT OR GET IT ON DEMAND FROM XFINITY AND ON THE WFYI APP.

I'M BRANDON SMITH OF INDIANA PUBLIC BROADCASTING.

STAY SAFE, STAY HEALTHY, PLEASE KEEP WEARING THAT MASK, GET A VACCINE IF YOU CAN.

JOIN US NEXT TIME BECAUSE A LOT CAN HAPPEN IN AN INDIANA WEEK.

♪♪ ♪♪ ♪♪ >> INDIANA WEEK IN REVIEW IS MADE POSSIBLE BY THE SUPPORTERS OF INDIANA PUBLIC BROADCASTING STATIONS, AND BY ICE MILLER.

ICE MILLER IS A FULL SERVICE LAW FIRM COMMITTED TO HELPING CLIENTS BUILD, GROW AND PROTECT THEIR INTERESTS.

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"INDIANA WEEK IN REVIEW" IS A WFYI PRODUCTION IN ASSOCIATION WITH INDIANA PUBLIC BROADCASTING