Indiana Gov. Eric Holcomb, a Republican, is pushing back on Democratic President Joe Biden's efforts to bring a close to the COVID-19 pandemic by boosting vaccination rates across the country. Holcomb contends "it's not the state or federal government's role to issue a vaccine mandate upon citizens and private businesses."
Todd Rokita is sworn in Jan. 11, 2021 as Indiana's attorney general on a Bible held by his wife, Kathy, during an inaugural ceremony at the Indiana State Museum in Indianapolis.
Top Hoosier Republicans are pushing back on Democratic President Joe Biden's efforts to bring a close to the COVID-19 pandemic by boosting vaccination rates across the country.
Gov. Eric Holcomb and Attorney General Todd Rokita said Friday they believe the president has gone too far by pledging to use federal workplace safety regulations to potentially penalize large companies that fail to ensure their workers either are vaccinated against COVID-19 or regularly tested for the virus.
Holcomb said he agrees with Biden the vaccine "is the number one tool that will protect us and our loved ones against COVID-19" and the vaccine will "end the pandemic."
But the two-term state chief executive also said he strongly believes "it's not the state or federal government's role to issue a vaccine mandate upon citizens and private businesses."
"I believe it is fundamentally a citizen's right to choose whether or not to get the vaccine. While I wish everyone would get the vaccine, we are a country built on this exact type of freedom," Holcomb said.
"The announcement from President Biden is a bridge too far. Private businesses should be able to look at their own mission, their staff and their goals and make the decision best for them that will keep their doors open."
Rokita, a Munster native, said the attorneys in his office, along with Republican attorneys general in other states, already are reviewing potential legal actions "to stand against these authoritarian actions by the Biden administration."
"We will be prepared to file suit if Biden seeks illegal actions restricting Hoosiers' liberties," Rokita said.
It's not clear on what basis the state would have standing to challenge the president's directives, since states and local governments, as employers, are not bound by workplace safety regulations issued by the U.S. Occupational Safety and Health Administration.
Biden's proposed OSHA rule would direct private employers with more than 100 workers to require their employees — approximately 80 million Americans — to be vaccinated or tested weekly for COVID-19.
Another 20 American million workers at health facilities that receive federal Medicare or Medicaid dollars, federal government employees, and businesses contracting with the federal government also would have to be vaccinated — with no alternative for weekly COVID-19 testing.
"We've been patient, but our patience is wearing thin, and your refusal has cost all of us," Biden said Thursday to the minority of Americans who continue refusing to get vaccinated, causing COVID-19 hospitalizations to again overwhelm the nation's health care systems and preventing Americans from accessing other types of needed medical care.
"What more is there to wait for? What more do you need to see?" Biden asked. "We've made vaccinations free, safe and convenient. The vaccine has FDA approval. Over 200 million Americans have gotten at least one shot."
In Indiana, a total of 3.15 million Hoosiers 12 and older are fully vaccinated against COVID-19, or 53.7% of the eligible population, according to the State Department of Health.
Lauren Ganapini, executive director of the Indiana Democratic Party, said Holcomb helped get a majority of Hoosiers protected against COVID-19 by leading the initial statewide vaccination effort.
In recent months, however, she said the governor essentially has disappeared on issues relating to COVID-19 prevention, noting that as of Friday Holcomb hasn't held a formal COVID-19 media briefing in 164 days.
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"Hoosiers have grown tired of a partisan, vocal minority holding our families back from returning to a form of normalcy not seen in almost two years. Now is the moment to stop checking partisan boxes, and it's up to Indiana's CEO — Eric Holcomb — to do his job," Ganapini said.
"President Biden provided a blueprint once again to help Indiana put COVID-19 in the rearview mirror. If Gov. Holcomb refuses to show leadership on the pandemic, he'll show he cares more about the Indiana Republicans' extreme partisanship and future ambitions than saving lives."
State health officials reported 5,476 Hoosiers tested positive for COVID-19 Thursday and 22 additional Hoosiers died due to the coronavirus — bringing Indiana's COVID-19 death toll to 14,753 in the past 19 months, an average of 778 Hoosier deaths each month.
In addition, a total of 2,617 Hoosiers were hospitalized Thursday because of COVID-19. That's an increase of 104 hospitalized Hoosiers compared to Tuesday, and just a quarter less than the previous peak of 3,460 hospitalizations recorded on Nov. 30, 2020.
Unvaccinated individuals account for nearly all of Indiana's COVID-19 infections, hospitalizations and deaths, according to the Department of Health.
Since the beginning of the pandemic, unvaccinated individuals have comprised 99.28% of Indiana's COVID-19 infections, 99.983% of COVID-19 hospitalizations, and 99.995% of COVID-19 deaths, records show.
The free COVID-19 vaccine is available without an appointment at 1,148 locations statewide, including most retail pharmacies, health clinics and hospitals.
A full list of vaccine sites is online at ourshot.in.gov.
Get to know these new Indiana laws enacted in 2021
Abortion
Women obtaining a pill-induced abortion in Indiana must be told by their doctor the procedure potentially can be "reversed" — despite no reputable medical evidence backing that claim. In addition, women have to be provided an ultrasound photograph of their fetus prior to an abortion, minors must get their parent’s consent to an abortion notarized, and telehealth appointments cannot be used to obtain abortion-inducing drugs. House Enrolled Act 1577
Absent officials
A county council and board of commissioners may jointly seek to remove a county auditor, treasurer, recorder, surveyor or assessor who fails to be physically present in their office "for a reasonable amount of time each month," refuses to perform the duties of their office, or charges and collects illegal fees. House Enrolled Act 1030
Absentee voting
The time before which absentee ballots must be returned to the county election office is set at 6 p.m., instead of 12 p.m., on Election Day. Absentee voters whose signature on their returned ballot envelope is missing or does not match the signature in their voter file must sign an affidavit correcting or explaining the discrepancy within eight days of Election Day, otherwise their ballot will not be counted. Senate Enrolled Act 398
Alcohol
Additional alcohol permits are authorized for lakefront restaurants in Gary and Cedar Lake. Journeyman Distillery, in Valparaiso, may have individuals under age 21 participate in non-drinking tours of the distillery if accompanied by an adult. The five-year Indiana residency requirement for alcohol retailers, dealers and brewers is eliminated. Senate Enrolled Act 310, House Enrolled Acts 1090, 1396
Baby boxes
A parent may call 911 to request an emergency services provider pick up a newborn baby the parent intends to permanently surrender, instead of having to find transportation to a police station, fire station, hospital, or baby box. Baby boxes also can be located at an ambulance hub or emergency medical services station that's staffed 24 hours a day. House Enrolled Act 1230, 1032
Broadband internet
The Indiana Office of Community and Rural Affairs is directed to establish an online portal for Hoosiers to report if their internet service is slower than 25 megabits per second (mbps) for downloads and 3 mbps for uploads. Broadband internet companies then can use the portal to bid on the opportunity to extend service to those individuals. Companies may receive state grants if they provide connections of at least 50 mbps downstream and 5 mbps upstream. Senate Enrolled Act 377
Business personal property tax
Businesses with total personal property that cost less than $80,000 to acquire are exempt from the business personal property tax. The prior exemption threshold was $40,000. The change is expected to save businesses $18 million statewide, shift $10 million of that tax burden onto other Hoosier taxpayers, and reduce revenue for Indiana schools and local governments by $8 million. Senate Enrolled Act 336
Cardiac arrest
Information about sudden cardiac arrest must be provided to school employees and the parents of student athletes, including how to obtain electrocardiogram testing. Student athletes identified by a coach, trainer, or other medical personnel as experiencing a symptom of sudden cardiac arrest must halt their participation in practice or a game until a parent or guardian authorizes their child’s return. The new law is named for Jake West, a 17-year-old LaPorte High School football player who died Sept. 25, 2013 of sudden cardiac arrest caused by an undetected arrhythmogenic right ventricular cardiomyopathy, which leaves the heart unable to pump blood. House Enrolled Act 1040
COVID-19 legal immunity
Indiana businesses, health care providers, nursing homes, manufacturers, schools, the government, and nonprofit entities have civil tort immunity against legal claims alleging an entity was responsible for a person being exposed to or contracting COVID-19, as well as immunity for products, services or treatments provided in response to COVID-19, including tests and medication. The liability shield does not apply in cases where an act or omission constitutes gross negligence or willful or wanton misconduct, including fraud, as proven by clear and convincing evidence. Senate Enrolled Act 1
Crisis hotline
Public school identification cards issued to middle- and high-schoolers after July 1, 2022 must contain information about the national 988 suicide prevention hotline and similar crisis hotline phone numbers. House Enrolled Act 1468
Electronic meetings
Members of local governing boards may participate electronically in no more than half the board’s annual meetings as long as they can engage in two-way audio and visual communication with the other members and at least 50% of the members are physically present for each meeting. When even just one board member is participating remotely all votes must be taken by roll call. House Enrolled Act 1437
Emergency session
The General Assembly may, without the governor's consent, convene itself for up to 40 days whenever its 16-member Legislative Council decides action is needed to respond to a statewide emergency. A 10-member Legislative State of Emergency Advisory Group is established to tell the governor what they think of his response to an emergency, regardless of whether the General Assembly is in session, and all discretionary economic stimulus funds provided to the state by the federal government must be appropriated by the House and Senate. House Enrolled Act 1123
Employee microchipping
State and local governments are added to the list of employers already barred by a 2020 Indiana statute from forcibly implanting a microchip in their employees’ bodies. House Enrolled Act 1156
Eyelash extensions
Eyelash extension specialists are not required to obtain an esthetician or cosmetology license to work in the field, so long as they successfully complete a training course offered by a manufacturer of eyelash extensions. Facilities where eyelash extensions are applied must meet sanitary and cleanliness standards set by the Indiana Department of Health. Senate Enrolled Act 361
Female genital mutilation
The cultural practice of female genital mutilation is prohibited in Indiana. Any person who performs or permits the removal of the external female genitalia of child younger than 18 for a non-medical reason can be charged with a Level 3 felony, punishable by up to 16 years in prison and a fine of $10,000, as well as be subject to civil legal liability. Senate Enrolled Act 240
First responder residency
Police officers and firefighters no longer are required to live within 50 miles of the community they serve. They may reside anywhere they choose, even outside Indiana, so long as they have adequate transportation to their job and reliable telephone service. House Enrolled Act 1033
Gaming compact
The Four Winds Casino in South Bend is permitted to offer patrons standard slot machines, table games and sports wagering, instead of just bingo-related gaming, following the January signing of a Tribal-State Gaming Compact by Gov. Eric Holcomb and Pokagon Band of Potawatomi Chairman Matthew Wesaw, and ratification by the Indiana General Assembly. House Enrolled Act 1055
Health orders
The local governing body overseeing a county or city health officer is required to approve any health order whose provisions go beyond state requirements during an emergency, such as continuing a face mask mandate or business capacity restrictions amid the COVID-19 pandemic after the governor’s directives on those issues have expired. Senate Enrolled Act 5
High tech crimes
The Indiana Prosecuting Attorneys Council (IPAC) is authorized to establish high tech crime units in 10 to-be-determined counties that must include every region of the state. The units are tasked with aiding prosecutors in investigating, collecting evidence and prosecuting financial, sexual and other crimes committed with, or assisted by, network or communications technology. House Enrolled Act 1082
Immunization ‘passport’
The state or a local government in Indiana cannot issue any kind of COVID-19 immunization "passport," or require proof of COVID-19 vaccination status for any purpose. The prohibition does not apply to a business or any other private-sector entity seeking to issue vaccine passports or planning to require proof of immunization status to enter a facility or attend an event. House Enrolled Act 1405
Juvenile justice
Individuals younger than 18 who are charged as adults must still be housed in a secure juvenile facility, unless a court determines, and regularly affirms, it is in the best interest of justice that the juvenile be jailed alongside adults. Indiana courts also must automatically expunge most juvenile offenses from an individual’s record when the person turns 19. Senate Enrolled Act 368
Lake County judicial selection
The nine-member Lake County Judicial Nominating Commission shrinks to seven members, with three members appointed by the governor, three by the county commissioners, and the Indiana chief justice's designate serving as chairman and a nonvoting seventh member, except in case of ties. Previously, half the commission members were selected by Lake County lawyers and judges, instead of by the governor — who also fills a judicial vacancy by selecting a candidate from the list recommended by the nominating commission. House Enrolled Act 1453
Legislative session
The statutory adjournment deadline for the General Assembly is changed to Nov. 15 from April 29, for this year only, to give state lawmakers more time to complete the once-a-decade process of redrawing legislative district boundaries following the U.S. Census. The Census Bureau has said the necessary population data won't be available until August or September due to delays caused by the COVID-19 pandemic. House Enrolled Act 1372
Monuments
The Indiana State Police are directed to prioritize monument protection generally, and state troopers must be dispatched, upon request, to protect any monument at risk of vandalism anywhere in the state, and to assist in any local investigation of monument damage or destruction. State discretionary funds also may be withheld from localities that don’t protect all public and private monuments, regardless of where the monument is located. Senate Enrolled Act 187
NWI building projects
The 2022-23 state budget appropriates $400 million to reconstruct the Westville Correctional Facility in LaPorte County, approximately $15 million for a new state police post in Lowell, and $1.2 million for the second phase of a study looking at how to turn Gary’s Buffington Harbor into an intermodal shipping hub, given its links to nearby water, air, rail and highway connections. House Enrolled Act 1001
Out-of-state children’s hospitals
To ensure continued access to out-of-state children’s hospitals, the rates Indiana Medicaid pays children's hospitals in Illinois and elsewhere for treating sick Hoosier children must closely match the significantly higher rates Medicaid currently pays Riley Hospital for Children in Indianapolis. House Enrolled Act 1305
Police training
Police officers must be provided de-escalation instruction in conjunction with training on the proper use of force at the Indiana Law Enforcement Academy. Chokeholds are permitted only to prevent the commission of a felony or while arresting a person who the officer has probable cause to believe poses a threat of serious bodily injury to the officer or another person. Officers who intentionally turn off a body camera to conceal a criminal act by themselves or other officers can be charged with a class A misdemeanor, punishable by up to one year in jail and a $5,000 fine. House Enrolled Act 1006
Pregnancy accommodations
Pregnant workers are entitled to ask their employers, in writing, for accommodations, and their employer is obligated to respond "within a reasonable time." Employers are not required to provide any actual pregnancy accommodations. They cannot, however, retaliate against a pregnant worker for requesting an accommodation. House Enrolled Act 1309
Public notice
Local units of government required to publish the same public notice multiple times may post any subsequent notices to their official website, so long as the first publication is in a local newspaper. Senate Enrolled Act 332
Religious services
No state or local official can restrict the right to worship, including in-person worship, during a disaster or public health emergency. Religious activities besides worship, such as Sunday School, Bible study, or charitable events, also are classified as “essential,” and any restrictions may be no more stringent than the emergency rules applying to similar essential activities in non-religious settings. Senate Enrolled Act 263
School buildings
The attorney general is empowered to monitor all school districts to ensure compliance with an existing state law requiring unused public school buildings be made available to charter schools for $1. School districts also are required to maintain unused school buildings until they’re sold or otherwise disposed of. Senate Enrolled Act 358
School funding
Indiana elementary and high schools will receive $1.03 billion, or 9.1%, in additional student tuition support during the 2022-23 budget period, pushing school funding over $8 billion a year for the first time in state history. All Indiana schools are directed to set a $40,000 a year minimum pay rate for teachers, at least 45% of tuition support dollars should be spent on teacher salaries, and any salary savings from experienced teachers retiring must continue to go toward teacher pay. House Enrolled Act 1001
School internet
Every public and charter school in the state by Jan. 1, 2022 must install hardware or software on all school-owned computers and mobile devices that block internet-based material deemed "harmful to minors," such as sexually explicit photos or videos. All schools must also adopt and post online an internet use policy that prohibits receiving, viewing or downloading "harmful to minors" content and provides appropriate disciplinary measures for violations. Senate Enrolled Act 414
Small claims court
The maximum value of a civil action eligible for judgment in an Indiana small claims court is $10,000, up from $8,000. House Enrolled Act 1110
State aircraft
A P-47 Thunderbolt, known as Hoosier Spirit II, completed two days before the United States and its allies achieved victory in Europe, and currently on display at the Evansville Wartime Museum is designated Indiana’s state aircraft, instead of all the 6,670 World War II-era Republic Aviation P-47 Thunderbolts produced in Evansville between 1942 and 1945. House Enrolled Act 1197
State snack
Popcorn grown in Indiana is designated as the official state snack. Senate Enrolled Act 97
Suffragists
A monument recognizing the decades of efforts to secure the right to vote for women must be placed on the Indiana Statehouse grounds by Jan. 1, 2024. Senate Enrolled Act 6
Tax sales
Individuals who owe tax debts are prohibited from bidding on properties at county tax sales. Ineligible bidders also are barred from hiding behind a business or corporate entity to acquire tax sale properties at risk of forfeiting their acquisitions and the money paid for them. Every tax sale bidder is required to acknowledge, under penalty of perjury, they are aware of the new bidding eligibility standards and agree to abide by them. Senate Enrolled Act 28
Teachers unions
Teachers must annually re-enroll in their union and complete a multi-step process to have union dues deducted from their paychecks. Indiana schools also must provide teachers notice during the year — in bold, 14-point type — that teachers can resign their union membership at any time. Senate Enrolled Act 251
Telehealth
Most state statutory restrictions on virtual doctor visits and other telehealth services that were suspended in 2020 and 2021 due to Gov. Eric Holcomb’s declaration of a public health emergency are permanently lifted. Health care providers are not required to offer telehealth services and telehealth cannot be used in connection with an abortion in Indiana. Senate Enrolled Act 3
Tribal orders
Court orders and similar legal actions issued by the tribal court of the Pokagon Band of Potawatomi must be given full faith and credit in Indiana courts, provided the South Bend-based tribe enforces on its sovereign territory any judgments, orders, warrants or other judicial acts issued by Indiana courts. House Enrolled Act 1441
Urban agriculture
Municipalities may designate urban agricultural zones that are exempt from property taxes as an incentive to attract new or low-resourced farmers to raise crops inside city limits. Municipalities are not required authorize urban agricultural zones, and a public hearing must be held before a zone is established. The tax incentives do not apply to residential gardens. House Enrolled Act 1283
Vehicle titles
The Bureau of Motor Vehicles is directed to establish an electronic system to process vehicle titles and liens in lieu of paper processing. The electronic system must be operable on a voluntary basis by July 1, 2022, and used for all Indiana vehicle title and lien transactions after July 1, 2023. Senate Enrolled Act 400
Veteran tuition
Recently discharged military veterans living in Illinois, or any state bordering Indiana, are entitled to pay in-state tuition rates to attend Indiana public universities, so long as they enroll at an Indiana university within three years of ending their military service. Senate Enrolled Act 93
Visitation
Hospitals and nursing homes must allow visitation by family or other individuals, even during a public health emergency, when a patient or resident is nearing the end of life, set to undergo a major medical procedure, or otherwise in need of significant assistance. Facilities can require visitors undergo intensive health screening and mandate compliance with strict disease prevention measures. Senate Enrolled Act 202
Wetlands
Private property owners can drain or fill nearly all isolated wetlands in Indiana without having to obtain a state permit or being required to replace the wetlands elsewhere. The only isolated wetlands still fully protected by state regulations are the 300,000 acres of mostly Class III wetlands that remain largely undisturbed by human activities. Indiana wetlands that connect to waterways remain subject to federal regulation. Senate Enrolled Act 389
Dan Carden
Chief Political Reporter
Dan has reported on Indiana state government for The Times since 2009. He also covers casinos, campaigns and corruption.
