2022 Special Session
The Indiana General Assembly reconvened for a special session on July 25 and concluded business on Aug. 5.
During the special session, lawmakers took action to further protect life, provide $87 million in support for new and expectant mothers, and passed $1 billion in financial relief for Hoosiers while cutting state debt.
Archived video of all session and committee meetings can be found on iga.in.gov.
Protecting Life in the Hoosier State
Effective Sept. 15, 2022, SB 1 (ss) prohibits abortions except to protect the life or physical health of the mother, in cases where a pregnancy is forced on a woman through the horrific acts of rape and incest, or when an unborn child suffers from a lethal fetal anomaly.
- SB 1 (ss) includes language ensuring a woman who gets an abortion is not subject to any criminal penalties.
- SB 1 (ss) does not affect access to the morning-after pill or any other method of birth control, does not affect treatment of miscarriages, does not affect treatment of ectopic pregnancies, and does not affect in-vitro fertilization procedures.
- SB 1 (ss) does not create any new penalties for abortion providers. Doctors who perform an illegal abortion under the new law would be subject to the current criminal penalty in code (Level 5 felony). Under the new law, the Medical Licensing Board must revoke the doctor's license if an investigation by the Attorney General demonstrates by a preponderance of the evidence that the abortion was illegal.
- Victims of rape and incest who become pregnant may seek an abortion up to 10 weeks post-fertilization.
- A pregnant woman may seek an abortion if the child is diagnosed with a lethal fetal anomaly so long as the abortion occurs prior to viability or 20 post-fertilization weeks of pregnancy, whichever is earlier. If a pregnancy needs to be terminated due to a lethal fatal anomaly past viability, the proper medical procedure would be to induce labor, not perform an abortion.
- All abortions must be performed at a hospital or ambulatory surgical center owned by a hospital.
- SB 1 (ss) includes language that will improve the data the state receives on the number of abortions performed and for what reasons.
Providing Support for Expectant Mothers and Children
SB 2 (ss) includes $87 million in dedicated spending, flexible spending and tax cuts for programs that promote healthy pregnancies and babies, and helps make adoption more affordable for Hoosiers
- Allocates $45 million to the Hoosier Families First Fund, which allows the state the flexibility to add funds to programs that help support healthy pregnancies and families. Possible uses include:
- Funding to support the health of pregnant mothers
- Pregnancy planning, including addressing barriers to long-acting reversible contraception
- Needs of low-income families with children under four years old
- Increased access to child care
- Support for foster and adoptive care
- Programs to prevent children from entering the DCS system
- Funding for Safe Haven baby boxes
- Allocates $29.2 in additional funding to support services:
- Repeals the sales tax on diapers
- Increases the adoption tax credit to $2,500 for each eligible child
- Creates a $3,000 income tax exemption for each adopted dependent. This exemption is on top of the normal $1,500 exemption for all dependents.
Providing Financial Relief to Hoosiers, Paying Down State Debt
SB 2 (ss) will return $1 billion of Hoosiers' hard-earned tax money through a second automatic taxpayer refund (ATR), which amounts to $200 per Hoosier who filed an income tax return.
Under SB 2 (ss), Indiana residents on Social Security who did not qualify for the $125 taxpayer refund triggered in 2021 (because they did not have to file a state tax return by the end of calendar year 2021) can still qualify for the new $200 refund if they file their tax year 2022 income tax return in calendar year 2023. They will receive the payment as a refundable tax credit. This means if the credit exceeds their tax liability, then they will receive the remaining credit as a refund.
For more information on how the ATR will be delivered, visit the Indiana Department of Revenue's FAQ page.
SB 2 (ss) also provides that if the state ends the current fiscal year on June 30, 2023, with excess reserve funds, up to $1 billion of that surplus would go toward paying down obligations to the pre-1996 Teachers' Retirement Fund. That fund still has an outstanding liability of $9.8 billion.
The bill also caps the sales tax on gasoline so that as it fluctuates each month, it cannot go above 29.5 cents/gallon through June 30, 2023.
Statehouse leaders vetted bills through the full legislative process, including committee hearings and public testimony. Archived footage of committee and session meetings can be found at iga.in.gov.
The special session began on July 6, but state law allows legislators to use up to 40 calendar days to complete a special session, meaning work needed to be completed by the end of Aug. 14. Lawmakers concluded work on Aug. 5.