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VIDEOTAPING BILL AMENDED AND APPROVED BY COMMITTEE  On Thursday morning the House Agriculture and Rural Affairs Committee amended and approved SB 373 (Sen. Travis Holdman, R-Markle & Rep. Bill Friend, R-Macy) the bill that will make it illegal to videotape, photograph or otherwise record agricultural or industrial operations on private property without the owner’s consent.  No testimony was taken at the hearing, but throughout the week extreme pressure was put on legislators by groups who oppose the bill.  The opposition came from animal rights organizations that feel the bill will prevent them from exposing animal cruelty; organized labor which feels it will throttle potential whistleblowers from exposing dangers in the workplace; and those in the media who view it as a violation of the rights of free press.  During the week the Humane Society of the United States placed a full page ad in the Indianapolis Star urging legislators to oppose the bill and PETA orchestrated an opposing email message to Republican legislators from Republican political consultant, Mary Matalin.

In response to the freedom of the press concerns, the committee did adopt an amendment that removed the prohibition against distributing or disseminating recordings that were made in violation of the law.  The committee also increased the penalty for each offense to a Class A misdemeanor (the first offense was an infraction in the Senate-passed version of the bill), and added a provision making it a misdemeanor for a person who intends to defame or harm an employer to provide false information on a job application.  The bill continues to provide an exemption for anyone who in good faith believes he or she is recording an illegal activity and turns the recording over to appropriate law enforcement authorities within forty-eight hours.

Because of the pressure being put on legislators by those opposed to SB 373, those who support the bill should weigh in as well.  Farm Bureau members are asked to tell legislators to support SB 373.

PROGRESS MADE ON LOCAL GOVERNMENT BILLS   SB 343 Local government reorganization was heard on Tuesday in the House Government and Regulatory Reform Committee chaired by Rep. Kevin Mahan (R-Hartford City).  SB 343 makes numerous changes to the Government Modernization Law that includes a separate vote tally of those inside and outside the city limits when a merger of a county and city is being considered.  Katrina Hall testified in support of SB 343, along with many representatives from Vanderburgh County Farm Bureau who successfully defeated the November merger referendum involving Vanderburgh County and the City of Evansville.   Sen.  Randy Head (R-Logansport) presented the bill, and was joined at the hearing by House sponsor Rep. Kathy Richardson (R-Noblesville) and co-sponsors Rep. Bob Cherry (R-Greenfield) and Rep. Gail Reicken (D-Evansville).  Only one person testified against the measure.  After much committee discussion, the bill passed by a vote of 12-0.  The committee report for SB 343 was accepted on Thursday and the bill will be eligible for amendments on Monday, although none are expected.  As soon as second reading action occurs, the bill will be eligible for a final vote.  SB 343 greatly improves the government reorganization law in terms of transparency and procedural fairness.  Members are asked to contact their House Representative and ask them to vote yes on SB 343.

The House of Representatives acted on SB 475 SINGLE COUNTY EXECUTIVE FOR ALLEN COUNTY/Interim study committee on Thursday morning.  SB 475 authored by Sen. Travis Holdman (R-Huntington) and sponsored by Rep. Martin Carbaugh (R-Ft Wayne) was stripped of its original language that focused on the option of a single county executive for Allen County to include only a study committee.  The amendment was adopted by a voice vote and the bill will be eligible for final vote on Monday.  As amended, SB 475 urges the legislative council to assign to a study committee during the 2013 interim, the topic of allowing counties to change the executive and legislative structure of county government by placing: (1) all executive powers in a single county executive, instead of a board of commissioners; and (2) all legislative and fiscal powers in a county council. If the topic is assigned to a study committee, the study committee shall issue a final report to the legislative council containing the committee's findings and recommendations not later than November 1, 2013.  The study committee will be a platform for Indiana Farm Bureau to explain why our members support the office of county commissioners.  It is clear that some legislators do not appreciate Indiana Farm Bureau’s policy that supports the geographic representation provided to rural areas by county commissioners.

HOUSE UTILITIES COMMITTEE CONSIDERS GAS RATE BILL  The House Utilities Committee took several hours of testimony on SB 510 (Sen. Doug Eckerty, R-Yorktown and Rep. Eric Koch, R-Bedford).  This bill would require the Indiana Finance Authority to submit a final purchase contract, including amendments and any other agreements with a producer of synthetic natural gas, to the Indiana Utility Regulatory Commission (IURC). The IURC would then approve, reject, or modify a final purchase contract as they determine to be in the public interest.  The bill also requires the IURC to study the sales price of natural gas and report the study results to the legislature before the 2014 session.  Bob Kraft testified in support of the bill on behalf of Farm Bureau. Committee Chairman Koch held the bill, but it may be amended before a final committee vote is taken.  

The developers of the proposed $2.6 billion Rockport coal-to-gas plant and opponents of the state’s contract to buy and then resell its product have asked the Indiana Supreme Court to review the 30-year contract.  The Indiana Finance Authority agreed to buy the Rockport plant’s synthetic natural gas at a pre-negotiated rate and then resell it to Hoosiers.  Attorneys for Indiana Gasification LLC, the company building the plant that is being financed by New York-based Leucadia National Corporation, are asking the Supreme Court to confirm that the contract is final and end the legal battle.  Opponents, led by natural gas supplier Vectren Corporation, are asking the Court to send the contract back to the IURC with instructions to approve it as instructed by the state Court of Appeals in a recent decision.
 
DIVISIBLE LOADS BILL HEARD IN SENATE COMMITTEE This week the Senate Homeland Security, Transportation and Veterans Affairs Committee took testimony in support of HB 1481 (Rep. Hal Slager, R-Schererville & Sen. Ed Charbonneau, R-Valparaiso), a bill that would authorize the Indiana Department of Transportation (INDOT) or a local authority to grant permits for transporting overweight loads that could be divided into separate loads.  These permits would exempt such loads from normal weight restrictions under certain circumstances.  This bill will be particularly helpful to the steel haulers who would no longer have to separate large coils into two separate loads.  It will also benefit bulk milk haulers and some elevators and grain processers that received grain from Ohio and Michigan where highway limits are higher than they are in Indiana.  Farm Bureau's Bob Kraft testified in support of the bill.
 
HOUSE COMMITTEE CONSIDERS “GRANDFATHERING” DEER PRESERVES  The House Agriculture Committee met Monday and considered an amendment  by Rep. Matt Ubelhor (R-Bloomfield) to SB 487 which would allow the four deer hunting preserves currently operating in Indiana to remain in operation in spite of changes in the Department of Natural Resources (DNR) rules.  Those in support of the bill included the operators of the deer preserves, as well as deer farmers.  They argued that the preserves were initially constructed in good faith by individuals who relied on written assurances given by the DNR that there was no prohibition against such ventures in Indiana law.  However, these facilities have been operating in limbo since early 2005 when the new administration at the DNR changed the rules.  Deer farmers argued it was necessary to keep the hunting preserves in operation in order to have a ready market for their product.

Opposing the bill were several sportsmen groups and animal rights organizations.  Their basic messages were a concern for the spread of chronic wasting disease from captive herds to the wild herd, and ethical issues of hunting inside a confined area. These arguments were countered by those in favor of the amendment who pointed out that there were more deer in the wild than in captivity, and captive deer herds were regularly inspected by the State Board of Animal Health.  They argued that the ethical issue is one of personal opinion and no one is forced to conduct a hunt inside a confined area.  Supporters of the amendment also pointed out that because of the size of the confined area, deer were able to avoid being taken.  No vote was taken on the bill and a few witnesses, including Bob Kraft, who had registered to testify in support of the bill on behalf of Farm Bureau, were asked to return this coming week when the committee will reconvene.  Sen. Brent Steele (R- Bedford), author of SB 487 which deals with the fee structure for out-of-state licenses on hunting preserves, indicated he would concur with the proposed amendment when the bill was returned to the Senate.

RESOLUTION TO STUDY WATER MOVES IN SENATE   The Senate Environmental Affairs Committee chaired by Sen. Ed Charbonneau, R-Valparaiso, passed SR 50 (Sen. Richard Young, D-Milltown) which urges the Legislative Council to assign the topic of unifying water resources management in Indiana to the Environmental Quality Services Council for study.  Farm Bureau’s Justin Schneider testified in support of the study.
 
VILLWOCK AND KRAFT ON RADIO AND TELEVISION  IFB president Don Villwock was one of the in-studio guests on WFYI radio’s No Limits program that aired live on Thursday afternoon.  The program was, in part, about how the drought of 2012 has impacted Indiana farmers and current food prices. The show was hosted by John Krull, director of Franklin College's Pulliam School of Journalism.  You can find the program on the WFYI website.
Bob Kraft appeared as a guest on Indiana Lawmakers for a discussion of Indiana agriculture and some of the legislation pending that could impact the industry. Also on the panel were Sen. Jean Leising, Sen. Mark Stoops and Kim Ferraro from the Hoosier Environmental Council. The program will be broadcast twice over the weekend then posted to the Indiana Lawmakers website for online viewing.

STATE SUPREME COURT UPHOLDS VOUCHER LAW   The Indiana Supreme Court this week ruled the school voucher law, passed by the General Assembly in 2011 and signed into law by Gov. Mitch Daniels, to be constitutional.  In a 5-0 decision written by Chief Justice Brent Dickson, the Court ruled that the law was constitutional.  The law had been challenged as a violation of the Indiana Constitution’s prohibitions against giving a preference to any particular religion and investing state funds for the benefit of a religious organization.  The Court determined that the beneficiaries of the voucher law were Indiana families, not the religious schools that might be secondary beneficiaries of the school voucher program.

WALORSKI - ‘HOOSIER HARVEST TOUR’  U.S. Rep. Jackie Walorski (2nd-R) conducted a ten-county tour of Indiana’s second congressional district this week for a ‘Hoosier Harvest Tour.’  Rep. Walorski visited the farms of local Farm Bureau leaders across her district.  Farm Bureau’s Megan Ritter, John Newsom, Wayne Belden and many others participated in these visits to observe Agriculture Appreciation Month in Indiana.

FEDERAL FOOD SAFETY RULE   American Farm Bureau Federation is actively working with FDA on the Food Safety Modernization Act. Farm Bureau has long advocated using sound science and a risk-based approach to strengthen the nation’s food and animal feed-safety systems.  However, too many new standards and regulations may unnecessarily complicate the marketplace without increasing the overall safety of the food supply.  While strongly supporting continuous food safety improvement, the farm-level impact on producers must be considered in any new initiatives. 

HEALTH INSURANCE TAX (HIT tax)  Farm Bureau members are asked to contact U.S. House members and ask them to cosponsor H.R. 763, the Jobs and Premium Protection Act of 2013, and ask U.S. Senators to cosponsor S. 603, the Jobs and Premium Protection Act of 2013. These two bills would repeal the annual fee on health insurance providers enacted as part of the Patient Protection and Affordable Care (PPACA). The HIT tax will increase health insurance costs for farmers and other small businesses by imposing a levy on the net premiums of health insurance companies.  There is every reason to expect these costs to be passed directly through to those who purchase health insurance in the fully insured market. 

ADMINISTRATION NOTIFIES CONGRESS ON EU TRADE TALKS  On March 20, 2013, the administration notified Congress of its intent to negotiate a comprehensive Transatlantic Trade and Investment Partnership (TTIP) with the European Union (EU).  This 90-day notification gives Congress and the administration time to consult in preparation for the start of negotiations this summer. The notification letter specified initiatives to eliminate tariffs on trade in agricultural goods, use transition periods and safeguards for sensitive products, and seek the elimination or reduction of non-tariff barriers, such as sanitary and phytosanitary (SPS) restrictions that are not based on science. Improved access for genetically modified crops (GMOs) into the EU market is also a U.S. objective in the negotiation.

SENATE PASSES BUDGET  Early last Saturday morning, the Senate passed S.Con.Res.8, the Senate budget resolution, by a vote of 50-49.  It is important to remember that budget resolutions are non-binding and do not change existing laws when reviewing the budget and amendments.

Below are a few amendments supported by AFBF:

• Estate Tax:  FAILED  The amendment would create a deficit neutral reserve fund which repeals the estate tax.  
• Internet Sales Tax:  PASSED  The amendment would allow states to collect sales and use taxes from remote sellers. 
• Office of Rural Education:  PASSED  The amendment would establish the Office of Rural Education Policy inside the current Office of Elementary and Secondary Education at the Department of Education.  
• Inland Waterways System: PASSED   The amendment would establish a deficit-neutral reserve fund to increase funding for the inland waterways system.   
• Endangered Species Act:  PASSED   The amendment would establish a deficit-neutral reserve fund to ensure that the Bureau of Land Management (BLM) collaborates with states in efforts to promote sustainable sage-grouse populations and the conservation of sage-grouse habitat.   
• Keystone XL Pipeline:  PASSED   The amendment would establish a deficit-neutral reserve fund to promote investment and job growth in U.S. manufacturing, oil and gas production and refining sectors through the construction of the Keystone XL Pipeline.  

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