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Glock switches and other machine gun conversion devices are now officially illegal in Indiana
Machine gun conversion devices — commonly known as Glock switches or auto sears — are officially considered illegal for most people under Indiana law following the signing of House Bill 1365 by Gov. Eric Holcomb on Thursday.
The devices can be used to convert semi-automatic rifles and handguns into weapons capable of fully automatic fire.
The governor’s signing caps a monthslong process first detailed by State Affairs that involved Marion County law enforcement asking for help from state lawmakers.
What the new law does
Really, the bill was a matter of clarity. Many believed the weapons were already barred under state law, just as they are under federal law.
Rep. Mitch Gore, D-Indianapolis, carried the legislation and garnered support from the Republican supermajorities, which was essential to the bill’s passage.
But police officers and prosecutors in Marion County have seen a rapid spike in their usage over the last two years, including in homicides. Some crime scenes were littered with more than 50 shell casings.
It’s rare to see an Indianapolis Democrat move any legislation involving firearms. Just last week, for example, Senate Republicans honored National Rifle Association CEO Wayne LaPierre on the chamber’s floor.
"The significance of passing a piece of bipartisan gun legislation in Indiana is not lost on me,” Gore, who also serves as a captain with the Marion County Sheriff’s Office, said in a statement. “I know this bill will save the lives of citizens and cops alike and make our streets safer for Hoosier families.”
Why the bill matters
When the conversion devices began appearing on Indianapolis’ streets, Marion County Prosecutor Ryan Mears turned to a little-used statute to begin criminally charging people who carried the weapons. He charged them with possession of a machine gun, even though the weapons were not technically machine guns. (One firearm that is commonly modified, for example, is a Glock handgun.)
One defendant appealed the charge against him, essentially arguing that state law was not clear. That matter remains under consideration by the Indiana Court of Appeals.
That was enough to worry Marion County law enforcement officers, who had been increasingly relying on Mears’ strategy to battle the growing number of converted weapons.
“We just need to add something so that the courts are clear,” Chris Bailey, the assistant police chief in Indianapolis, told State Affairs in December, “and we don’t lose the ability to charge people as we move forward and hold them accountable.”
What happens next
Gore asked fellow lawmakers to include an emergency provision in his bill.
Whereas most laws do not take effect until July, the provision enabled Gore’s bill to become law immediately.
Header image: Some handguns, such as Glocks, can be modified by small devices so that the weapons mimic automatic fire with a single pull of the trigger. (Credit: Marion County Prosecutor’s Office)
Gov. Holcomb taps Boone County Council president to serve out remainder of Comptroller Tera Klutz’s term
Republican Elise Nieshalla, president of the Boone County Council, will serve out the remaining three years of State Comptroller Tera Klutz’s term.
Gov. Eric Holcomb announced the appointment of Nieshalla, a real estate investor, on Tuesday. As state auditor, Nieshalla will oversee the balancing of Indiana’s checkbooks and payment of all state employees.
“My appreciation runs deep for the strong financial standing of our state and the integrity in which the State Comptroller’s Office is run,” Nieshalla said in a statement. “It is truly my privilege to receive Gov. Holcomb’s appointment to serve our great state and local units of government by upholding the highest standards of fiscal responsibility and offering tremendous Hoosier service.”
Earlier this year Klutz announced she would resign Nov. 30, roughly a year after she was reelected. Klutz, who was first appointed by Holcomb in 2017, is the fourth state auditor in a row to not finish their term, enabling the sitting governor to choose a replacement.
Nieshalla was already well-known within Republican circles. She previously ran for treasurer in 2022 against three other Republicans, losing to current Treasurer Daniel Elliott at the state Republican convention. At the time, the convention loss of Nieshalla and other Republicans more closely aligned with the party establishment was seen as a rebuke of the Holcomb wing of the party.
Nieshalla, who lives in Zionsville, is also president of the Indiana County Councils Association and the chairwoman of the Association of Indiana Counties’ 2023 Legislative Committee. She has a bachelor’s degree from Oral Roberts University and a master’s degree from Indiana University.
She’ll be sworn in on Dec. 1 and will serve until at least the 2026 election when voters will have the option to choose the next state comptroller.
Holcomb praised Nieshalla in an emailed statement.
“Elise is a dedicated and proven public servant who has committed much of her professional life to bettering her community through service,” Holcomb said. “She has shared her financial expertise to help steer and shape the bright future of Boone County which gives me great confidence she’ll do the same serving Hoosiers as our next State Comptroller.”
On Tuesday, Indiana lawmakers returned to the Statehouse for Organization Day, the ceremonial start to the legislative session, ahead of what legislative leaders are saying should be a low-key, short session.
“We’ll probably take a pretty measured approach on what we address … , maybe fine tune some things,” House Speaker Todd Huston, R-Fishers, said during an Indiana Chamber of Commerce legislative panel on Monday. “Short sessions are supposed to be for emergency items only.”
Not only will 2024 be a non-budget-writing legislative session mandated to end by mid-March, but this session also falls in the midst of a heated Republican gubernatorial primary. There’s no obvious assumed winner who can lead policy discussions ahead of the election, nor has Gov. Eric Holcomb laid the groundwork for any major policy changes in his last legislative session.
Plus, recent criminal corruption charges against a former lawmaker — and the potential for other lawmakers to be charged in connection with the case — has put a cloud over the Indiana General Assembly.
Still, some minor bills are expected to move, and something can always pop up. Here’s a breakdown of some of the issues State Affairs expects to be debated, and three that probably won’t move.
Both Huston and Senate President Pro Tem Rodric Bray, R-Martinsville, said they want to limit the situations in which schools allow third graders to advance to fourth grade when they fail the IREAD-3, the state’s reading comprehension test.
During the 2021-2022 school year, more than 18% of students failed the test because they were not reading at a third grade level.
“When you pass that kid on, and they aren’t prepared to succeed, you’re not doing that kid a favor,” Huston said, following his Organization Day speech in which he laid out his caucus’ priorities.
Huston’s goal is to make Indiana the No. 1 state in the nation for third grade reading proficiency by 2027.
Democrats cautioned that it may be too soon to make major changes to how IREAD scores are handled in Indiana. During the 2023 legislative session, lawmakers passed a science of reading bill.
“We need to make sure that schools have the opportunity to train their teachers, to implement these strategies across the board before we start throwing new legislative hurdles in the way,” said Sen. Andrea Hunley, D-Indianapolis. “We have to give [new recommendations] time to work before we start, say, failing all children or retaining a whole class of children.”
Continuing to re-think K-12 education
Last legislative session, lawmakers passed a bill seeking to expand work-based learning in high school, but Huston emphasized during his Organization Day speech that legislators can still do more to transform the K-12 school system.
Huston said House Republicans will push to allow state money typically set aside for students pursuing a college education to be used to obtain certificates and certifications for “high demand, high wage jobs.”
“We must continue to adjust the way we think about K-12 education in order to meet the needs of all students, including those who aren’t interested in pursuing a two-or four-year degree,” Huston said. “Let’s use this session to build on skill and work-based learning, and let’s align our funding to this goal.”
This fall the Indianapolis Chamber of Commerce took a delegation of Indiana lawmakers and others to Switzerland to see how the country’s apprenticeship program operates. Expect more changes in the coming years that would enable Indiana’s K-12 system to more closely mirror that of Switzerland’s.
Child care access
During his own Organization Day speech, Bray emphasized a need to expand affordable child care options for young children.
“Day care is a constant challenge from the Ohio River to the Michigan line, trying to find day care at all if you can find it and whether it’s affordable,” Bray said.
He pointed to a legislative study committee on the topic which recommended some minor reforms to the system, such as lowering the age requirement for working unassisted in an infant or toddler classroom to age 18 from 21 and requiring the state to review how it can streamline child care regulations to increase availability.
Don’t expect lawmakers to throw more money at the child care system since 2024 isn’t a budget-writing year.
Health care costs
Lawmakers passed multiple bills during the 2023 legislative session aimed at cutting health care costs, ranging from limiting physician noncompete agreements to creating benchmarks for how high hospital prices in the largest hospital systems should be.
But Bray said he expects lawmakers to offer more legislation on the topic this year in order to help drive down costs long term.
A legislative study committee on the topic backed recommendations to require more disclosures by insurance companies on their “prior authorization” process for medical care, as well as require medical providers to give lawmakers a six-month notice for mergers or acquisitions.
It’s unclear whether legislation on water access will actually pass either chamber, but the topic is almost certain to come up in discussions.
Earlier this year, the Indiana Economic Development Corp. announced plans to pump water from the Wabash River aquifer to the LEAP district in Lebanon. Tippecanoes citizens have been vocal in their opposition to the plan, and just this week the Tippecanoe County Commissioners voted to put a moratorium on high volume water exports.
Legislative leaders say they want to avoid legislating on the issue until they get more data. The Indiana Finance Authority and the Indiana Chamber of Commerce are studying the issue.
“We’re not going to take any other steps until we have an opportunity to study to make sure that there’s ample water for the projects that we’re trying to bring into the state of Indiana,” Bray said, “and we understand just how much is too much to take away from a particular community.”
But, even if leadership would rather wait to address the elephant in the room, lawmakers are almost certain to file legislation.
Issues that won’t move: Gaming
For at least the past two legislative sessions, lawmakers have filed bills to legalize internet casino gaming, or iGaming. It appeared momentum was on proponents’ sides. Until this month.
Earlier this month former state Rep. Sean Eberhart agreed to plead guilty to criminal fraud charges that federal prosecutors say stem from influencing casino legislation in return for the promise of a $350,000-a-year job.
Both Bray and Huston said Monday they don’t expect any gaming legislation to move in 2024.
During Monday’s Chamber panel, Bray said the federal investigation “makes gaming extremely hard to engage in.”
“It taints the Statehouse, it diminishes the confidence that people have in the integrity of the Statehouse, it causes an awful lot of problems and it makes it particularly difficult to engage in that kind of policy,” Bray said.
Issues that won’t move: Marijuana
Lawmakers studied the impact legalizing marijuana would have on the workforce and youth in an interim committee this fall, but the committee never issued any recommendations for legislation.
Both legislative leaders and Holcomb have emphasized their reluctance to legalize marijuana until at least after the federal government reschedules it. Huston reiterated his hesitation on Monday.
“No one has made a compelling case to me yet on why legalizing marijuana or having more people use cannabis in the state of Indiana is a positive thing,” Huston said. “So until I hear that answer, I wouldn’t expect a whole lot of change.”
Likewise, Bray said its passage “seemed unlikely.”
The ceremonial start of the legislative session is just that. Lawmakers won’t start moving bills until they return to the Statehouse in January.
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Indiana’s unemployment rate remained steady for October at 3.6% after inching up each of the five previous months.
The state’s jobless rate was unchanged from September, following a slow rise from April when it was 3.0%, according to an Indiana Department of Workforce Development report released Friday.
August’s rate is Indiana’s highest since August 2021 but still remains below the national mark of 3.9%. Indiana’s rate is the same as Ohio’s and below those in Michigan (4.1%), Kentucky (4.2%) and Illinois (4.6%), according to the U.S. Bureau of Labor Statistics. Indiana’s rate was tied for 34th highest in the country.
Indiana had about 123,000 job seekers during October, with nearly 3.3 million people employed, according to preliminary federal data.
Indiana’s October private employment topped 2.8 million people, which the Department of Workforce Development said is a new private employment peak. Industries that showed employment increases for October included construction (+2,500), private educational and health services (+2,400) and leisure and hospitality (+1,900).
“Indiana’s labor market continues to show strength for both workers and employers,” Workforce Development Commissioner Richard Paulk said in an agency statement. “Though the state set a private employment record, employers still need to fill many more critical jobs.”