Legislative Agenda
In the 2013 session of the Indiana General Assembly, Indiana Attorney General Greg Zoeller proposes, recommends or supports legislation that protects the public and consumers. The Attorney General’s legislative team attends committee hearings and floor votes of the Indiana House of Representatives and Indiana Senate. The team testifies at hearings and works to inform legislators about the impact on Hoosiers that bills would have if they become law. Deputy Attorney General David Miller and Deputy Attorney General Matt Light lead the legislative team. The following are bills proposed, recommended or supported by the Attorney General.
School Resource Officers Funding – Senate Bill 1
Bill Status: Assigned to Senate Appropriations Committee, amended and passed by committee 10-0 on Feb. 14; advanced to full Senate, amended on second reading, passed 43-7 on third reading on Feb. 25; advanced to Indiana House. Assigned to House Education Committee, passed as amended in committee 9-3 on April 2, advanced to House Ways and Means Committee, passed as amenged 16-7 on April 9, advanced to full House. Amended by the House on second reading and original Senate language restored; passed 86-6 on third reading in the House on April 15; returned to Senate for concurrence. Senate dissented, bill assigned to House-Senate conference committee. Senate voted 45-5 and House voted 93-6 to adopt conference committee report April 26; bill advanced to Governor's desk.
Attorney General Zoeller’s Office conducted a needs assessment in fall 2012 that found educators, school administrators and law enforcement officers would favor expanding the use of School Resource Officers in schools if funding were available. School Resource Officers are specially trained law enforcement officers who are assigned to work in schools to support school safety. Among other things, Senate Bill 1 would create a secured school fund and make available state matching grants of up to $50,000 per year for various school safety needs, including employee School Resource Officers, conducting threat assessments or purchasing equipment and technology. The bill would also write a legal definition of a School Resource Officer into state law and establish minimum training requirements. The Attorney General would serve on the seven-member board that would consider grant applications from the secured school fund. Attorney General Zoeller supports the use of School Resource Officers as one approach toward school safety and encoruaging respect for law by students, and has encouraged flexibility in grant funding and home rule so that local school boards and law enforcement agencies can address school safety needs as is appropriate in their school districts. (This bill originally was numbered as Senate Bill 270 but has been renumbered as SB 1).
Prescription Drug Abuse Prevention - Senate Bill 246
Bill Status: Assigned to the Senate Committee on Health and Provider Services, passed 10-1 on Feb. 13; advanced to full Senate, amended on second reading, passed 50-0 on third reading on Feb. 25; advanced to Indiana House. Assigned to House Public Health Committee, passed in committee 9-0 on March 25, advanced to full House, passed as amended 97-0 in the House on tird reading; returned to Senate for concurrence. Senate dissented from House amendments on April 2; bill assigned to House-Senate conference committee. Senate voted 50-0 and House voted 97-0 to adopt conference committee report on April 23; bill advanced to Governor's desk.
Prescription drug abuse, specifically the diversion and overprescribing of addictive painkillers, has become an epidemic problem in Indiana according to medical and law enforcement experts. Attorney General Zoeller chairs the Prescription Drug Abuse Task Force which has examined problems relating to pain-management clinics and the dispensing of addictive controlled substances with little oversight. For clinics that prescribe, dispense or administer controlled substances, this bill requires that an owner who does not otherwise hold an Indiana Controlled Substance Registration (CSR) must obtain a CSR for each facility they own in Indiana. The Attorney General’s Office would be authorized to take enforcement action against practitioners who overprescribe and obtain records for an investigation.
Child Protection Oversight – Senate Bill 125
Bill Status: SB 125 assigned to Senate Judiciary Committee, amended and passed 8-0 by committee Jan. 30; advanced to full Senate, passed 50-0 on third reading on Feb. 25; advanced to Indiana House. Assigned to House Family, Children and Human Affairs Committee, passed 11-0 in committee March 20, advanced to full House, passed as amended 99-0 in House on March 26, returned to Senate for concurrence. Senate concurred with House changes 48-1 on April 11, bill advanced to Governor's desk.
Under this bill, a new commission of state officials, court officials and experts would be established to oversee the child protection efforts of the Department of Child Services on an ongoing basis. The Attorney General's Office already works with prosecutors, courts and law enforcement and represents DCS in appellate proceedings. Accordingly, the Attorney General's Office supports creation of the commission and would serve as a non-voting member of the commission.
Senior Citizen Protection – Senate Bill 382
Bill Status: Assigned to Senate Committee on Civil Law, passed 1-1 on Feb. 11; advanced to full Senate, passed on third reading 49-0 on Feb. 19, advanced to the Indiana House. Assigned to the House Judiciary Committee, passed in committee 6-1 on March 25, advanced to full House, passed as amended 92-0 in the House on third reading on April 4; returned to Senate for concurrence. Senate concurred April 18, bill advanced to Governor's desk.
Attorney General Zoeller’s office enforces consumer protection laws and has sought to protect senior consumers who often are targets of scams and frauds. This bill would enhance the existing consumer protection statutes involving victims age 60 and older, particularly involving situations of financial fraud committed by trusted individuals such as family members. It wouldand increase the civil penalties for fraud and financial exploitation of senior citizens, to as much as $15,000 per offense.
Lemon Law Meth Lab Disclosure – Senate Bill 277
Bill Status: Assigned to Senate Committee on Civil Law, passed 6-2 in committee; passed 47-1 in full Senate on third reading on Feb 12; advanced to Indiana House. Assigned to House Roads and Transportation Committee, amended and passed committee 8-1 on March 13, advanced to full Indiana House, passed on third reading 93-4 in the House on March 19; returned to the Senate for concurrence. Senate concurred as amended 45-4 on March 28, bill advanced to the Governor's desk. Governor signed bill into law April 18.
The Attorney General’s Office enforces Indiana’s Lemon Law which protects automobile purchasers by requiring the dealer or seller who knows or reasonably should know that a vehicle is defective to disclose this fact to the purchaser. This bill amends the Lemon Law to require the vehicle seller to disclose that a vehicle previously had been used in the manufacture of methamphetamine. Criminals who produce the dangerous illegal stimulant often attempt to do so in hidden confined spaces, such as in vehicles, sometimes called “meth-mobiles" or "rolling meth labs.” In requiring disclosure of the fact that a vehicle had ever been used for that illegal purpose, the bill creates civil penalties for nondisclosure by the seller, including paying the cost of decontaminating the vehicle or a $10,000 civil penalty.
Homeowner Protection Enhancements – House Bill 1084
Bill Status: Assigned to House Committee on Employment, Labor and Pensions. Passed in committee 12-0 on Jan. 22, passed 93-3 on third reading in the Indiana House on Jan. 31; advanced to Senate. Assigned to Senate Committee on Commerce, Economic Development & Technology, passed in committee 7-0 on March 26, advanced to full Senate, passed as amended 49-0 in the Senate on third reading on April 1; returned to Indiana House for concurrence. House dissented from Senate amendments; bill assigned to House-Senate conference committee. House voted 81-17 and Senate voted 49-0 to adopt conference committee report on April 25; bill advanced to Governor's desk.
Attorney General Zoeller’s office operates the Homeowner Protection Unit of the Consumer Protection Division and has been very active in filing lawsuits against illegal foreclosure rescue consultants and other predators who defraud homeowners facing foreclosure. This bill would amend the mortgage foreclosure consultant law to prohibit consultants from misrepresenting themselves as being endorsed, sponsored or affiliated with any government agency or program. It also would amend the law governing homeowner associations to make the financial records of an association available to members of the association and to the Attorney General’s Office.
Sex Offender Registry Updates – House Bill 1053
Bill Status: Assigned to House Committee on Courts and Criminal Code; passed committee11-2 on Feb. 13; advanced to full House passed 91-0 on third reading on Feb. 19, advanced to the Senate. Assigned to Senate Committee on Corrections and Criminal Law, amended and passed in committee 9-0 on March 12, advanced to full Indiana Senate, passed as amended 49-0 in the Senate on third reading on April 2; returned to the Indiana House for concurrence. House dissented from Senate amendments; bill assigned to House-Senate conference committee. House voted 85-0 on April 25 and Senate voted 48-2 on April 26 to adopt conference committee report; bill advanced to Governor's desk.
So that the Indiana Sex Offender Registry can remain an accurate and useful informational tool parents can use to protect their children, the Attorney General’s Office has worked with its clients - the Legislature, Department of Correction, county prosecutors and county sheriffs - on recommended updates to the registry statute, in light of recent appellate court rulings limiting that law’s application. Among other things, the bill would specify procedures for the DOC to remove outdated information from the registry regarding deceased offenders or those not required to register. This bill was prepared by the Criminal Law and Sentencing Policy Committee.
Human Trafficking – Senate Bill 509
Bill Status: Assigned to Senate Committee on Corrections and Criminal Law; passed in committe 10-0 on Feb. 5; passed 49-0 on third reading in the full Senate on Feb. 12; advanced to the Indiana House. Assigned to House Committee on Courts and Criminal Code; passed committee 12-0 on March 14, advanced to full Indiana House, passed 94-0 in the House on March 26, advanced to the Governor's desk. Governor signed bill into law April 12.
Prior to Super Bowl XLVI in Indianapolis in 2012, Attorney General Zoeller urged the Legislature to pass Indiana's new human trafficking law to combat criminal organizations that engage in trafficking of women and children for prostitution. That law was in effect in time for the Super Bowl. In 2013, the Attorney General recommended updating the law. The legislation revises the statute to state that 16-and 17-year-olds can be victims of illegal child trafficking, which closes a potential loophole and removes a potential legal defense for criminal traffickers.
Synthetic Drug Abuse Prevention – Senate Bill 536
Bill Status: Assigned to Senate Committee on Corrections and Criminal Law, passed 6-3 in committee Jan. 29; advanced to the full Senate; passed on third reading 47-2 on Feb. 19, advanced to the Indiana House. Assigned to House Committee on Courts and Criminal Code, amended and passed 11-0 in committee March 14, advanced to full Indiana House, passed as amended 95-0 in the full House on March 26; returned to the Senate for concurrence. Senate concurred with House changes 48-1 on March 28; bill advanced to Governor's desk.
Synthetic drugs - often called "spice" or "bath salts" mimic the intoxicating effects of illegal drugs and were prohibited by a 2011 law. Newly formulated synthetic drugs not specifically outlawed by the current statute are creating problems with abuse and addiction. The legislation would allow the Attorney General to take civil action against retailers that sell synthetic drugs and allow the Department of Revenue to revoke the retail merchant certificate of a retailer that sells such drugs. The bill would allow the Pharmacy Board, DEA or poison control center to adopt an emergency rule declaring a substance to be a synthetic drug. The bill would allow the Attorney General to bring a civil action against a nuisance created by the sale of synthetic drugs, and would make the sale of "lookalike" synthetic drugs a criminal offense.
Professional and Medical Licensing Enforcement Enhancements – Senate Bill 589
Bill Status: Assigned to Senate Committee on Commerce, Economic Development and Technology; passed in committe 7-0 on Feb. 5; passed 49-0 on third reading in the full Senate on Feb. 12; advanced to the Indiana House. Assigned to House Committee on Employment, Labor and Pensions, passed committee 11-1 on March 6, advanced to the full House, passed as amended 95-0 in the House on third reading on April 2; returned to Senate for concurrence. Senate concurred with House changes 49-0 on April 11; bill advanced to Governor's desk.
The Attorney General's Office enforces licensing laws against healthcare professionals such as physicians and nurses and other non-health related licensed professionals such as contractors, plumbers and architects. If violations of the licensing rules are alleged, then the Attorney General's Office can file a disciplinary action against the individual's licence before the appropriate licensing board, which can then conduct a hearing as to the licensee's status and ability to practice. Under a 2009 law the Attorney General supported, licensing boards now have the authority to issue cease and desist orders to individuals who are practicing a profession without a license. Senate bill 589 would enhance that authority by allowing the licensing boards to order unlicensed individuals to pay restitution to consumers who were victims of their actions. The bill would make changes to funeral licensing, and would prohibit individuals who sell pre-paid funeral plans from falsely claiming that the funeral service and merchandise is covered by Medicaid if it is not.
Internal Controls for Local Public Official Expenditures Study – House Bill 1333
Bill Status: Introduced originally as House Bill 507, later amended into House Bill 1333. Passed on 71-25 in the Indiana House on third reading on February 11 and passed as amended 47-1 in the Senate on third reading on April 4; returned to the House for concurrence. House dissented with Senate amendments; bill assigned to House-Senate conference committee. House voted 88-9 and Senate voted 50-0 to adopt conference committee report on April 25; bill advanced to Governor's desk.
Since January 2009, the Attorney General's Office acting as collection agent for the State has collected approximately $2.4 million from former government officials whom the State Board of Account found had misappropriated public funds. Many of the acts of misappropriation occurred because an individual had the ability to divert or embezzle public funds with no oversight or supervision. Attorney General Zoeller recommends legislation to expand the authority of the State Board of Accounts to require separation of duties and other internal controls on all categories of local government offices where audits have revealed accounting problems, to make misappropriation more difficult for defendants to commit. House Bill 1333 assigns to a summer study committee the subject of legislation that permits the State Board of Accounts to identify and require appropriate internal controls on all categories of local government to prevent the theft or loss of public funds and make recommendations for the 2014 Legislature to consider.
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