Policy To Law: Indiana's Legislative Journey

Indiana's policy-making process involves the state legislature, governor, and various state agencies. Policies are proposed as bills and must be passed by the legislature and signed by the governor to become laws. Indiana's policies cover a range of areas, including data privacy, civil liberties, education, healthcare, and the environment. The state's policies are influenced by national-level decisions and local issues, and they have a direct impact on the lives of its citizens.

The role of the Indiana governor

The governor of Indiana is the head of the executive branch and the highest state office in Indiana. The governor is elected to a four-year term and is responsible for overseeing the day-to-day management of the functions of many agencies of the Indiana state government. The governor also shares power with other statewide executive officers, who manage other state government agencies. The governor has wide-ranging executive authority to manage the government of the state and is the chief executive of the executive branch of the state government.

The governor works in concert with the state legislature (the bicameral Indiana General Assembly, consisting of the Indiana House of Representatives and the Indiana Senate) and the state supreme court (the Indiana Supreme Court) to govern the state. The governor has the power to veto legislation passed by the General Assembly. If vetoed, a bill is returned to the General Assembly for reconsideration. Unlike other states, which require a two-thirds supermajority to override a veto, the Indiana General Assembly may override the veto with an absolute majority vote in both chambers.

One of the governor's most important political powers is the ability to call a special session of the General Assembly. During a two-year period, the assembly can meet on its own for no more than 91 days, and this often prevents them from passing all the legislation they intend to. This can give the governor considerable influence in the body, which will often compromise on issues with him in exchange for a special legislative session.

The governor can also influence the courts by using the appointment power. The Indiana Judicial Nominating Commission creates a list of three candidates from which the governor chooses one who will serve on the state courts. This authority gives the governor considerable sway in setting the makeup of the judiciary.

Among his other powers, the governor can call out the state defence force (the Indiana Guard Reserve) or the Indiana National Guard in times of emergency or disaster. The governor is also charged with the enforcement of all the state's laws and the Indiana Code, which is carried out through the Indiana State Police. The governor also has the ability to pardon or commute the sentence of any criminal offenders, except in cases of treason or impeachment.

The governor's powers are established in Article V of the Constitution of Indiana. In addition to constitutional powers, governors also have a considerable degree of statutory authority. Most of the authority exercised by governors on a daily basis is derived from statute, giving the General Assembly a great degree of power to expand or contract the governor's authority.

The Indiana Data Privacy Law

On May 1, 2023, Indiana Governor Eric Holcomb signed the Indiana Data Privacy Law (IDPL), making Indiana the seventh state to enact a comprehensive data privacy law. The IDPL will come into effect on January 1, 2026, and grants Indiana residents acting in an individual or household context ("consumers") certain access and control rights concerning their personal data.

The IDPL applies to "controllers" or "processors" of personal data who either conduct business in Indiana or produce products or services targeted at Indiana residents. During a calendar year, these entities must either control or process the personal data of at least 100,000 Indiana residents or control/process the data of at least 25,000 residents while deriving over 50% of their gross revenue from the sale of personal data. Notably, the law does not have a revenue threshold for entities to be subject to privacy obligations.

The IDPL grants consumers the right to submit authenticated requests to controllers to confirm whether their data is being processed and to access, correct, or delete their personal data. Consumers can also obtain a copy of their data (data portability) and opt out of data processing for targeted advertising, the sale of personal data, or profiling. Controllers must respond to these requests within 45 days, with a possible extension of another 45 days if necessary. Consumers can appeal refusals, and controllers must provide a method for consumers to contact the Indiana Attorney General if their appeal is denied.

The IDPL requires controllers to limit the collection of personal data to what is adequate, relevant, and reasonably necessary for disclosed purposes. They must also implement reasonable administrative, technical, and physical data security practices, only processing consumers' sensitive data with their consent. Sensitive data includes genetic or biometric data, data of known children, precise geolocation data, and personal information revealing racial or ethnic origin, religious beliefs, and health status.

Controllers must also process consumer data in a non-discriminatory manner and provide a clear privacy policy outlining the categories of personal data processed, the purpose of processing, data shared with third parties, and consumers' rights. They must also clearly disclose the sale of consumers' personal data to third parties or engagement in targeted advertising, providing consumers with an opportunity to opt out.

The IDPL imposes additional requirements on processors, who must cooperate with controllers to comply with the law. All processing must be governed by a contract between the controller and processor, outlining relevant consumer privacy provisions.

Indiana's public school system

Indianapolis Public Schools (IPS) is another example of a public school system in Indiana that strives to bring joy and support to students through various programs and initiatives. The IPS Angel Tree Program, launched in 2023, is a collaboration between the Family and Community Engagement and McKinney-Vento teams to spread holiday cheer and provide support to students in need. The school district also emphasizes the importance of language and culture in the classroom, with teachers like Leah Averitt, who teaches Mandarin Chinese at Northwest Middle School, inspiring students and transforming their learning experience.

Indiana's public schools offer various programs and opportunities for students, including high ability programs, postsecondary readiness initiatives, unified student supports, and racial equity and inclusion efforts. The state also offers pre-K and kindergarten registration for residents, with a focus on early childhood education and development.

Indiana's higher education system

The Indiana Commission for Higher Education, a fourteen-member public body created in 1971, plays a crucial role in shaping the state's postsecondary education landscape. This body is responsible for defining the educational missions of public colleges and universities, coordinating Indiana's state-supported system of post-high school education, reviewing budget requests, approving new branches and campuses, and distributing student financial aid.

The Higher Learning Commission is the institutional accrediting agency that has historically accredited many colleges and universities in Indiana.

Additionally, Indiana's higher education institutions are actively involved in research and innovation. For example, in December 2024, Indiana University Southeast was selected as the recipient of the Stan Jones Award, recognising its outstanding contributions in higher education.

Indiana's Medicaid program

One of the key features of Indiana's Medicaid program is the variety of plans available to cater to different needs. Traditional Medicaid, for example, is designed for individuals who are not enrolled in managed care, including those who are eligible for both Medicare and Medicaid. The Healthy Indiana Plan, on the other hand, is a health insurance program for adults aged 19 to 64 who are not disabled. This plan uses a consumer-driven approach, requiring participants to make a minimal monthly contribution. For children up to the age of 19 and pregnant women, there is the Hoosier Healthwise program, which covers medical, dental, mental health, and prescription medicine costs at little or no expense.

In addition to these core programs, Indiana Medicaid also offers several specialized services. The Adult Mental Health and Habilitation (AMHH) program provides home and community-based services for adults with serious mental illnesses. The Aged and Disabled Waiver allows individuals to remain in their homes instead of moving to a nursing facility, providing supplemental services to support independent living. The Behavioral and Primary Healthcare Coordination Program helps members manage their physical and behavioural healthcare needs through education, support, and advocacy.

Frequently asked questions