LPIN Legislative Center

SB 237 -- False Informing and DNA Collection

2009-01-15T18:37:00.000-08:00

SYNOPSIS: Requires all persons arrested after June 30, 2009, to submit a DNA sample. Makes knowingly providing false information during an official law enforcement investigation a crime. Makes conforming amendments.

STRONGLY OPPOSE: Yikes! This legislation would move us several steps closer to a police state while providing for more and more opportunity for corruption. LPIN rejects the mandatory sampling of DNA for convicted persons. This legislation would be expanded to all persons arrested.

STATUS: Authored by Sen. Merritt, referred to Committee on Corrections, Criminal, and Civil Matters.

HB 1420 -- Teacher Recruitment Program

2009-01-15T18:31:00.000-08:00

SYNOPSIS: Establishes the teacher recruitment program and fund: (1) to encourage and promote qualified African American and Hispanic male teachers to pursue a career in teaching in accredited schools in Indiana; (2) to enhance the number of individuals who may serve as role models for African American and Hispanic students in Indiana; and (3) to rectify the shortage of African American and Hispanic male teachers teaching in accredited schools in Indiana. Requires the state student assistance commission to administer the fund.

OPPOSE: Few can deny there's a need for more male teachers in our schools. While this legislation tries to focus on recruitment of African-American and Hispanic male teachers, it falls short on one key aspect -- recruitment. The bill allows for a $4,000 award for a qualifying African-American or Hispanic male teacher in his second full year of teaching. He's already there, already teaching, already serving as a role model. There are more reasons consistent with libertarian views on education to oppose this legislation, but a very basic one is it misses its own mark.

STATUS: Authored by Rep. V. Smith, referred to Committee on Education.

HB 1457 -- Invasive Species

2009-01-15T18:17:00.000-08:00

SYNOPSIS: Establishes the invasive species council (council) within the Purdue University College of Agriculture. Establishes the invasive species council fund. Requires the council to establish a cooperative weed management program to protect the diversity of natural areas in Indiana to: (1) promote the creation of cooperative weed management areas; and (2) create partnerships that create opportunities for contiguous landowners to work together in the management of invasive plants that threaten natural lands and native biological diversity. Establishes a project workgroup to recommend cooperative weed management plans to the council. Establishes the cooperative weed management fund. Staggers the initial terms of the appointed council members.

OPPOSE: What? We need legislation to create a partnership that creates opportunities for neighbors to work together in managing their weeds? What? However silly that may sound, the real reason for opposition to this legislation is in the fiscal impact statement. The bill does not specify sources of revenue for the fund. The bill contains no appropriation for the fund. So why create something that can't survive....kind of an invasive species itself, yes?

STATUS: Authored by Rep. Kersey, referred to Committee on Natural Resources.

HB 1493 -- Manufacture of Flags Used in Public Buildings

2009-01-15T18:13:00.000-08:00

SYNOPSIS: Provides an absolute purchasing preference for United States and Indiana flags manufactured in the United States. Provides that if there are no flags manufactured in the United States that meet the specifications of the purchasing agent, the purchasing agent may purchase flags manufactured outside the United States.

SUPPORT/NEUTRAL: Why not, right? It is the symbol of our State and Nation, why not require the flags on display in public buildings be manufactured in the United States, or at least require preference be given to those products. It may end up costing a little more, but that's not all bad.

Authored by Representative Bischoff, referred to Committee on Small Business and Economic Development.

HB 1506 -- School Board Members

2009-01-15T17:50:00.000-08:00

SYNOPSIS: Provides that a vacancy is created in the governing body of a school corporation when a member moves out of the school district from which the member was elected or appointed.

SUPPORT: It stands to reason that if move away from a district you represent, you should step down from that seat. Unfortunately, our elected officials don't enjoy giving up what little power they've accumulated -- school board members foremost among these officials. While disproving residency is very tricky, the legislation remains a good attempt at keeping representation local.

STATUS: Authored by Rep. GiaQuinta, referred to Committee on Elections and Apportionment.

HB 1512 -- Silver Alert

2009-01-15T17:45:00.000-08:00

SYNOPSIS: Creates the silver alert program to inform the public about missing endangered adults. Defines "missing endangered adult" as an individual who is over 65 years of age and has Alzheimer's disease or dementia. Renames the Indiana clearinghouse for information on missing children as the Indiana clearinghouse for information on missing children and missing endangered adults (clearinghouse). Requires the clearinghouse to operate the amber alert program and the silver alert program. Makes conforming changes.

SUPPORT: With few exceptions, the Amber Alert has provided a service to our society and helped in reducing the cost of finding missing children by mobilizing the media and community. While uncommon, there seems to be significant increases in the instances of the elderly with Alzheimer's disease or dementia going missing. Folding the Silver Alert system into the existing Amber program is a service that appears to help families, community and agencies alike.

Authored by Rep. GiaQuinta, referred to Committee on Veterans Affairs and Public Safety.

SB 453 -- Use of Gold by State and Local Governments

2009-01-15T17:36:00.000-08:00

SYNOPSIS: Use of gold by the state and local government. Requires the treasurer of state to designate one or more electronic gold currency payment providers to be a payment provider for the state and political subdivisions. Requires the treasurer of state and fiscal officers of political subdivisions to: (1) maintain one or more electronic gold currency accounts with a designated electronic gold currency payment provider; and (2) conduct all monetary transactions of the state or political subdivisions through electronic gold currency accounts. Provides that an electronic gold currency payment provider must use an electronic gold currency unit that constitutes a monetary unit of account and represents a claim of title to and ownership of a specifically defined, fixed weight of gold held by an independent specie vault. Specifies that a specie exchange with which an electronic gold currency payment provider associates must conduct the business of exchanging gold and silver coin, legal tender of the United States, and the electronic gold currency of the electronic gold currency payment provider. Provides that after December 31, 2009, the state and political subdivisions may not compel or require any person to recognize, receive, pay out, deliver, promise to pay, or otherwise use or employ anything but gold and silver coin (in that form or in the form of a designated electronic gold currency) as media of exchange with respect to certain payments. Provides that after December 31, 2009, a person receiving certain payments from the state or a political subdivision has the option of accepting payment in either legal tender of the United States or in electronic gold currency.

STRONGLY SUPPORT: We liked the idea when LPIN gubernatorial candidate proposed this at an October press conference. We liked it more when he talked about it during the debates. We liked the idea at a national level when Congressman Ron Paul championed this message on the campaign trail. Imagine a currency that has real value and the effect this move would have on stabilizing a very unstable economy.

STATUS: Authored by Sen. Walker, referred to Committee on Tax and Fiscal Policy.

SB 479 -- Regional Transportation Districts

2009-01-15T17:30:00.000-08:00

SYNOPSIS: Permits counties to establish a regional transportation district to plan, design, acquire, construct, enlarge, improve, renovate, maintain, equip, finance, operate, and support public transportation systems. Establishes a fee on vehicle registrations, and permits the creation of allocation areas, the establishment of a special allocation of county option income taxes, and the imposition of a food and beverage tax, a county economic development income tax, or a special benefits property tax to provide funding to regional transportation districts. Permits other public transportation agencies to merge into a regional transportation district. Requires the governor to appoint a deputy commissioner for the department of transportation to assist the commissioner with the public transportation responsibilities of the department.

STRONGLY OPPOSE: Regional taxation? Any legislation that creates and allows a government agency to "plan, design, acquire, construct, enlarge, improve, renovate, maintain, equip, finance, operation and support" CANNOT be good for the people. To pay for this, the regional authority would have a hand in COIT, F&B taxes, economic development income tax or a special benefits tax, in addition to a fee on vehicle registrations. No, no, no.

STATUS: Authored by Sen. Lanane, referred to Committee on Homeland Security and Transportation & Veterans Affairs.

SB 511 -- Various Vehicle and Motorboat Laws

2009-01-15T17:26:00.000-08:00

SYNOPSIS: Removes vehicles owned or leased and used for official business by certain: (1) rehabilitation centers; (2) community action agencies; (3) area agencies of aging and the aged and county councils on aging that are funded through an area agency; and (4) community mental health centers; from exemption from the payment of vehicle registration fees. Provides that a probationary operator's license expires at midnight of the date the holder becomes 21 years and 30 days of age. (Current law provides that the probationary license expires at midnight of the day of the holder's twenty-first birthday.) Removes the requirement that the bureau of motor vehicles place an identifying symbol on the face of the certain permits, licenses, or identification cards to indicate that the applicant has a medical condition. Provides that certain offenses committed under the law of the United States or in another state that are substantially similar to certain offenses committed in Indiana be counted toward an accumulation of offenses for purposes of an individual being adjudged a habitual violator of traffic laws. Includes motorboats in the category of vehicles for which an individual is prohibited from operating while intoxicated. Provides that after June 30, 2009, the penalties for operating a motorboat while intoxicated are the same as for operating a wheeled vehicle while intoxicated, and repeals current law pertaining to operating a motorboat while intoxicated. Makes corresponding changes. Makes technical corrections.

OPPOSE: This legislation is chockful of annoying tweaks to existing legislation, which is already aggressively adequate.

STATUS: Authored by Senator Charbonneau, referred to Committee on Homeland Security and Transportation & Veterans Affairs.

SB 220 -- Annexation (2)

2009-01-15T17:17:00.000-08:00

SYNOPSIS: Provides, with certain exceptions, that when a municipality initiates an annexation, the municipality must file a petition with the court containing the signatures of: (1) at least 75% of the landowners in the territory proposed to be annexed; or (2) the owners of more than 75% in assessed valuation of the land in the annexed territory. Provides that, if the court finds that the petition has a sufficient number of signatures, a hearing will be conducted to review the annexation and fiscal plan. Allows a person to intervene as a party at the hearing to review the annexation and fiscal plan if: (1) the person is an owner of property in the territory; (2) the person, and no other owner of the property have signed the petition filed by the municipality; and (3) the person appeared at the hearing conducted by the municipality on the annexation ordinance or submitted a remonstrance or other document into the record of the hearing. Eliminates a procedure that requires the court to order an annexation not to take place if certain circumstances are shown. Removes provisions allowing a municipality to obtain waivers of a landowner's right to remonstrate against an annexation. Provides that in all circumstances an annexation becomes effective when the ordinance or judgment is filed by the municipal clerk.

SUPPORT: Part two of our annexation legislation for this session also provides some relief. In fact, this legislation puts more of the burden on the municipality attempting to annex the land. In this case, the municipality would be required to obtain 75% of the land owners (or assessed value holders) to sign off on the plan before the effort could move forward. Allowing the people to have a voice is a rather novel idea these days.

STATUS: Authored by Sen. Gard, referred to Committee on Local Government.

SB 179 -- Annexation (1)

2009-01-15T17:12:00.000-08:00

SYNOPSIS: Provides that a waiver or release of the right of remonstrance against annexation effective after June 30, 2009, expires ten years after the date the waiver or release is executed. Provides that in determining a municipality's levy limits for a particular ensuing calendar year, the cap on increased assessed value applies to all annexations of a municipality occurring in the particular ensuing calendar year. Reduces the number of signatures required on an annexation remonstrance petition from at least 65% of the owners of land in the annexed territory to at least 51% of the owners of land in the annexed territory. With certain exceptions: (1) requires a municipality to amend an annexation ordinance or fiscal plan before the public hearing on the annexation; and (2) prohibits a municipality from amending an annexation ordinance or fiscal plan after the public hearing on the annexation. Provides that if it is consistent with the municipality's policy of providing capital services to areas within the corporate boundaries, a municipality may provide less than all of the capital services to areas within the annexed territory.

SUPPORT: While we don't much approve of any type of forced annexation, at least this bill lowers the number of signatures required for a remonstrance to move forward from 65% of the owners of the land to just 51%. As our friends fighting annexation in Vanderburgh, Clark, Allen and Hamilton Counties know too well, any relief in this fight against our own governments is very, very welcomed.

STATUS: Authored by Senator Buck, referred to Committee on Local Government. Sens. Kruse and Gard added as authors.

SB 084 - Rename the Department of Workforce Development

2009-01-13T21:07:00.000-08:00

SYNOPSIS: Rename department of workforce development. Changes the name of the department of workforce development to the department of unemployment insurance.

OPPOSE: While it may seem rather innocuous, the bigger question is "why the name change?" Financial analyst, Chuck Mayfield, writes in the Fiscal Impact Statement that "there could be some cost to changing signs and documents." He adds with no quantifiable dollars that this would likely be minimal. Let's see...business cards, letterhead, web presence, publications, pamphlets and forms....It certainly doesn't seem all that minor for a state that's cutting expenditures across the board.

STATUS: Authored by Sen. Kruse, referred to Committee on Pensions and Labor.

SB 073 - University Lobbyists

2009-01-13T20:40:00.000-08:00

SYNOPSIS: University lobbyists. Provides that, for purposes of the lobby registration law, the terms "public official" and "public employee" do not include the president, a member of the board of trustees, or any other official or employee of a state educational institution.

SUPPORT/NEUTRAL: With so many legislators and their family members employed in the state's university system, it's no wonder legislation has not been authored requiring university officials and employees before now. So, will the Speaker of House be required to register as a lobbyist under this legislation? Regardless, it's a nice effort to bring a little transparency to an otherwise corruptible situation.

STATUS: Authored by Sen. Delph, referred to Committee on Commerce and Public Policy & Interstate Cooperation.

SB 033 - Equivalent Jobs and Wage Discrimination

2009-01-13T20:22:00.000-08:00

SYNOPSIS: Equivalent jobs and wage discrimination. Provides that an employer may not discriminate against an employee on the basis of sex, race, or national origin by paying a wage less than the wage paid to an employee of another sex, race, or national origin for work in an equivalent job. Requires an employer to keep certain records of wages paid to an employee and to provide certain documentation to the employee, including an annual statement of how the wages were calculated. Requires the department of labor to adopt rules, including specification of certain criteria for determining whether a job is dominated by employees of one sex, a particular race, or a particular national origin. Allows an employee claiming wage discrimination to file a complaint with the civil rights commission. Authorizes a civil action against an employer that fails to comply with certain wage reporting requirements or that takes certain discriminatory actions. Provides for damages against the employer in certain circumstances. Makes conforming changes.

STRONGLY OPPOSE: With legislation like this, why even provide for capitalism?

STATUS: Authored by Sen. Mrvan, referred to Committee on Pensions and Labor.

SB 328 -- School Debt

2009-01-13T09:02:00.000-08:00

SYNOPSIS: Requires the DLGF to collect, organize and publicize data relating to 44 measures of school debt affordability. These measures include a corporation’s cash ratio, current ratio, operating ratio, total outstanding debt, whether general fund expenditures have exceeded revenue in the preceding three years, the ratio of outstanding debt to median household income, percentage change of school population over the preceding five years, and the percentage of mortgage foreclosures over the previous three years. These measures must be determined and publicized prior to a school corporation issuing bonds or entering into a lease rental agreement after Dec. 31, 2009, unless the school’s governing body holds at least one public hearing in which discusses the bonds or lease agreements, as compared to affordability measures and allows for public testimony.

OPPOSE/NEUTRAL: While this legislation is an advance in securing government accountability, allowing the local school boards themselves to develop the numbers for presentation at a single required public hearing, is not as reliable as having an external, disinterested third party develop the data. If the legislation were amended to include a mandatory review and publication of the listed factors prior to a required series of public hearings, it would be worthy of support.

STATUS: Authored by Sen. Walker, referred to Committee on Tax and Fiscal Policy.

SB 080 -- Cell Phone Use While Driving

2009-01-11T09:23:00.000-08:00

SYNOPSIS: Cell phone use while driving. Makes it a Class D infraction for a person less than 18 years of age to operate a motor vehicle while using a hand held mobile telephone. Exempts: (1) a person who uses a mobile telephone in an emergency situation; (2) the operator of an authorized emergency vehicle; (3) the operator of a medical services vehicle; and (4) a volunteer firefighter and certain emergency services professionals en route to the scene of an emergency.

OPPOSE: This legislation would prohibit motor vehicle operators less than 18 years of age from using a hand-held cell phone. A major problem of this legislation is the enforcement aspect. Does this give law enforcement carte blanche in stopping a vehicle? What about the 50-year old SUV driver on narrow streets on a hand-held device? At some point in this process, it's incumbent upon the parents to exercise authority over the situation. Such an unenforceable law should not be left in the hands of the police.

STATUS: Authored by Sens. Kruse and Mishler, referred to Committee on Homeland Security and Transportation & Veterans Affairs.

SB 031 - Eminent Domain for Local Ports

2009-01-11T08:45:00.000-08:00

SYNOPSIS: Local port authority eminent domain procedures. Repeals a provision that prohibits a port authority in East Chicago or Hammond from exercising the right of eminent domain in the same manner that all other local port authorities may exercise the right of eminent domain.

STRONGLY OPPOSE: This bill sheds light on the loopholes allowed in the heralded 2006 eminent domain legislation authored by Rep. Wolkins. It was made clear in the sessions since the legislation became law, that the public was duped by legislators. Exempted in the original legislation were the ports and certified technology parks. In last year's session, the legislature created "Inland Ports" circumventing eminent domain law by allowing the creation of inland ports for the purpose of giving private developers the rights to develop third-party private property.

Partner legislation went so far as to allow non-elected economic development officials to negotiate away third party private property with developers in private, with the actual landowner not having knowledge nor being privy to the terms of the sale of his/her own land.

Apparently one port was left out of the mix and this piece of legislation attempts to correct that oversight. The better option is to undo the expansive port authority powers in the State and bring the other ports in line with this one.

STATUS: Authored by Sen. Mrvan, referred to Committee on Commerce and Public Policy & Interstate Cooperation.

SB 351 -- Barrett Law for Retention Ponds

2009-01-11T08:22:00.000-08:00

SYNOPSIS: Barrett Law funding for retention pond barriers. Specifies that Barrett Law funding may be used to finance a fence, mound, guardrail, barrier, or other structure necessary or useful to: (1) limit access by children to a retention pond; or (2) reduce the likelihood that a vehicle will enter a retention pond. Provides that if such an improvement is constructed under the Barrett Law within a platted subdivision, the works board may assess all or part of the lots in that subdivision for the improvement.

STRONGLY OPPOSE: The existence of Barrett Law funding is already an issue at odds with libertarian beliefs, so the expansion of these laws to finance protective structures around retention ponds is unacceptable. These assessments amount to taxes passed without a formal say by landowners affected by them. Can you imagine the number of "do good" organizations wanting to fence in every single retention pond with someone else's money? While tragic, the loss of life in these ponds is not common enough to further compound the problems by invoking Barrett Laws for such use.

STATUS: Authored by Sen. Bray, referred to Committee on Tax and Fiscal Policy.

HB 1096 - Mortgage Deduction Application

2009-01-11T08:11:00.000-08:00

SYNOPSIS: Mortgage deduction application. Provides that a sales disclosure form properly filed by the purchaser of a residence constitutes an application for the mortgage deduction.

SUPPORT: While most libertarians advocate the complete repeal of property taxes, we must accept that for the time being that will be a prolonged legislative battle. In the short term, we should all agree that streamlining paperwork and eliminating bureaucracy should be well-received.

In this legislation, freshman Rep. Barnes proposes streamlining the application for the mortgage deduction by allowing the sales disclosure form to serve that purpose. Anyone who has purchased a property and tried to manage through the filing paperwork and government office hours appreciates removing a level of hassle.

STATUS: Authored by Rep. Barnes, referred to Committee on Government and Regulatory Reform.

HB 1115 - Controlled Substances and Children

2009-01-11T08:01:00.000-08:00

SYNOPSIS: Controlled substances and children. Requires the department of child services (DCS) to notify the appropriate prosecuting attorney concerning the birth of a child who is born with fetal alcohol syndrome or with a controlled substance or legend drug in the child's body. Requires a law enforcement agency to inform a local office of the DCS when the law enforcement agency arrests a person for any of the crimes the conviction of which renders the offender a "sex or violent offender". Provides that a woman who knowingly or intentionally consumes a controlled substance or a legend drug while knowing she is pregnant commits a Class D felony if the woman's pregnancy results in the birth of a child and the body of the child contains any amount, including a trace amount, of a controlled substance or legend drug.

OPPOSE: Pardon the knee-jerk reaction any proposed legislation that begins with requiring the Department of Child Services (DSC) become involved. In this case, involvement begins at birth and includes a Class D felony for what is characterized as "any amount, including a trace amount" of a controlled substance. If legislators truly want to reform our healthcare system, they'll certainly not look to making DCS a more intrusive partner and concentrate on making efforts to remove government from the process.

STATUS: Authored by Rep. Cheatham, referred to Committee on Rules and Legislative Procedures.

HB 1085 - Political Signs

2009-01-11T07:47:00.000-08:00

SYNOPSIS: Display of political signs. Prohibits a homeowners association from adopting or enforcing certain restrictive covenants concerning the display of political signs.

SUPPORT: It's a matter of free speech. Sure, we all find political yard signs annoying, but it doesn't stop supporters from wanting signs come election time and candidates providing them. Having conforming mailboxes or not allowing a chainlink fence in a neighborhood is one thing (of course, having bought into that neighborhood knowing the rules), but disallowing a season yard sign to show your support of a candidate goes too far.

STATUS: Authored by Rep. Fry, referred to Committee on Local Government.

HB 1067 - Public Works Projects

2009-01-11T07:42:00.000-08:00

SYNOPSIS: Public works projects. Provides that the plans, specifications, and contract documents for a public works project may not require bidders, contractors, or subcontractors to enter into or comply with certain agreements with labor organizations. Provides a cause of action to challenge the award of a contract that violates these provisions.

STRONGLY SUPPORT: It will be amazing if this bill gets a reading in a Democrat-controlled committee. The bill details a complete list of building and infrastructure public works projects -- not in detail, but in general terms -- and provides that the bidding be open for non-union and union shops alike, with no prerequisite for companies to comply to labor organization participation to win a contract.

STATUS: Rep. Torr authored, referred to Committee on Labor and Employment

SB 286 -- Cultural Competency in Schools

2009-01-08T20:26:00.000-08:00

SYNOPSIS: Cultural competency in schools. Requires the department of education to develop standards for cultural competency teacher training. Requires school corporations and accredited nonpublic schools to develop policies concerning cultural competency training for school staff and students.

OPPOSE: This is a bill that likely won't see the light outside of a committee hearing, if it even is heard by committee members. The bill proposes mandatory multi-cultural training for teachers in order to better serve the diverse needs of all students, including racial minority, low-income, ESL and various religious group students. It further demands the superintendent put a policy in place addressing cultural competency and audits.

STATUS: Authored by Sen. Taylor, referred to Committee on Education and Career Development.

SB 026 - Grandparents' Visitation

2009-01-08T19:54:00.000-08:00

Synopsis: Grandparent visitation. Provides that a child's grandparent may seek visitation rights when a parent or guardian of the child unreasonably denies or restricts visitation. Eliminates current conditions under which a grandparent may seek visitation rights. Specifies the court in which a grandparent seeking visitation rights may file a petition.

OPPOSE: This bill would strip the rights of the parent to determine for a child what relationship, if any, a child would have with grandparents. Current legislation allows grandparents to petition the courts for visitation in the event the parent dies, divorces or the child is born out of wedlock. This bill proposes the only hurdle is the court finds the parent has unreasonably denied or restricted visitation. Sorry, grandma, but that's Mom's right.

STATUS: Authored by Sen. Waterman, with co-authors R. Young and Alting. Referred to Committee on Judiciary.

HB 1041 - Funeral Planning

2009-01-07T20:27:00.001-08:00

Synopsis: Funeral planning. Establishes a statutory form for a funeral planning declaration that allows a person to provide instructions concerning the person's funeral arrangements. Provides that the declaration may be used to designate an individual who will make arrangements after the person's death. Provides that a person designated in a funeral planning declaration is first in the priority and that a person designated in a health care power of attorney is second in the priority of individuals who can authorize the cremation of another person's remains and who may authorize the owner of a cemetery to inter, entomb, or inurn the body or cremated remains of a deceased human. Specifies that a person acting as the attorney in fact under a health care power of attorney has the power to execute a funeral planning declaration on behalf of the principal. Provides that a person who relies in good faith on a funeral planning declaration is immune from liability to the same extent as if the person had dealt directly with the declarant and the declarant had been a competent and living person.

SUPPORT/NEUTRAL: While it would seem society has dealt with death long enough for us to figure out whether to bury, burn or freeze Uncle Joe upon his death, the reality is no one wants Uncle Joe to meet Ted Williams' frozen limbo fate while living relatives squabble. Better to provide for the chain of decision-making in such instances to let everyone move on a little faster.

Introduced by the probate code study commission and referred to the Committee on Judiciary.

HB 1032 - Wabash River Heritage Corridor

2009-01-07T20:13:00.001-08:00

Synopsis: Wabash River heritage corridor commission. Removes the provision that money in the Wabash River heritage corridor commission fund does not revert to the state general fund at the end of a fiscal year. Establishes the Wabash River heritage corridor fund. Deposits proceeds paid for minerals taken from beneath the navigable waters of the state in the Wabash River heritage corridor fund. Makes a technical change.

OPPOSE: When a bill proposes a couple slight word changes and moves to reallocate monies to an unspecified purpose, flags are raised. This tidy piece of legislation suggests we change the Wabash River Heritage Corridor Commission to the Wabash River Heritage Corridor Fund. It continues to move unspent funds away from the state general fund into the Heritage Fund, to be used by the communities, including unspecified reimbursements of committee members.

According to the statement of economic impact, the General Assembly allocates $91,000/year to the current commission fund. In addition, revenues generates from mining of minerals amounts to nearly $250,000. This amounts to a quarter million dollar slush fund for committee members to dole out.

Status: Authored by Rep. Grubb, co-authored by Rep. Leonard; referred to Committee on Natural Resources.

HB 1027 - Prekindergarten Grant Pilot

2009-01-07T19:59:00.001-08:00

Synopsis: Prekindergarten grant pilot program. Provides that the prekindergarten grant pilot program expires in 2016, rather than 2014. Establishes the prekindergarten grant pilot program fund. Provides that the $0.65 portion of the riverboat admissions tax that is currently paid to the state general fund shall instead be paid to the prekindergarten grant pilot program fund. Makes appropriations from the prekindergarten grant pilot program fund for the prekindergarten pilot program.

STRONGLY OPPOSE: You'll love this bill if you favor taxpayer subsidized daycare. Rep. Day remains true to his socialist tendencies with this bill. The unfortunate reality is this could gain real legs without strong immediate vocal opposition. From Governor Daniels through the GOP to the very socialist Democratic wing led by Day, the trend in education is to take over all parental responsibility at the earliest ages possible. Get on the phone about this one!

Status: Authored by Rep. Day; referred to Committee on Ways and Means.

HB 1017 - Maximum Hiring Age for Police

2009-01-07T19:53:00.000-08:00

Synopsis: Maximum hiring age for police. Increases the maximum age for appointment as a police officer from 36 to 40 years of age.

OPPOSE/NEUTRAL: It's difficult to oppose something when you disagree with what the bill is attempting to improve. Sure, it's great to move the age up for police hires from 36 to 40, but why is there an artificial age limit to begin with? 50 is the new 30, so Maxim reports. How about hiring and retention decisions based on the ability to perform the duties and remove discriminatory criteria all together?

Rep. V. Smith authored; First reading with Committee on Judiciary.

SB 011 -- Firearms in Locked Vehicles

2009-01-07T19:38:00.000-08:00

Synopsis: Firearms in locked vehicles. Prohibits a person (which includes an individual, a corporation, and a governmental entity) from adopting or enforcing a policy or rule that prohibits or has the effect of prohibiting an individual from legally possessing a firearm that is locked in the individual's vehicle while the vehicle is in or on the person's property. Excepts possession of a firearm: (1) on school property, on property used by a school for a school function, or on a school bus; (2) on certain child care and shelter facility property; (3) on penal facility property; and (4) in violation of federal law. Provides that a person who, in compliance with the prohibition, does not adopt or enforce such a policy or rule is not liable for resulting injury or damage. Authorizes a civil action for damages, costs, attorney's fees, and injunctive relief to remedy a violation. Deletes an outdated reference.

[ED. - This issue has really pitted private property rights against gun ownership. Some great points have been made on the private property side of this argument. We'll change our position to NEUTRAL.]

SUPPORT: Sen. Nugent starts off the 2009 session with his strong support of gun ownership. In SB 11, Nugent offers that no entity can disallow the lawful ownership and possession of a firearm secured in a private vehicle. If not for efforts like this, gun ownership would be outlawed de facto.

Authored by Senator Nugent; Referred to Committee on Judiciary for first reading.

SB 0015 -- Lobbying by Former Legislators

2009-01-07T19:21:00.000-08:00

Synopsis: Lobbying by former legislators. Provides that an individual who has served as a member of the general assembly may not register as a legislative branch lobbyist during the period that ends one year after the date the individual ceases to be a member of the general assembly. Provides that the prohibition applies only to an individual who ceases to be a member of the general assembly after June 30, 2009.

STRONGLY AGREE: Senator Miller kicked off the legislative session with this effort that may have some legs this year, particularly with Republicans trying to gain favor with voters after a rough 2008. A noble first effort, putting limitations on legislator/lobbyists would be a great first step. A truly reform-minded legislative body would quickly move forward with this legislation.

Authored by Senator Miller and sent to Committee on Rules and Legislative Procedures. Senators Lubbers, Charbonneau and Lawson signed on as co-authors.

SB002 -- Internet Safety in Education

2009-01-06T10:54:00.000-08:00

Synopsis: Internet safety education in schools. Mandates policies concerning safe Internet usage in all schools. Stipulates reporting requirements for superintendents.

OPPOSE: This bill proposes more reporting requirements for already overburdened school administrators. Current law provides that a school must have a safe internet policy in place that requires a school corporation include in its curriculum for grades 3 and above. This bill proposes requiring biennial reporting by each superintendent to the State for policy approval. In turn, the state superintendent will compile and report a summary of these individual reports to a legislative committee. In a day and time where legislators don't read the bills up for consideration, requiring administrators jump through these additional hoops for no purpose is pointless. Let school boards manage their administrators and set guidelines for their own schools.

Introduced by Senator Arnold and referred to Committee on Education and Career Development.

2008/09 Legislative Center Returns

2008-11-27T05:55:00.000-08:00

As the Indiana General Assembly prepares to reconvene, over 40 new legislators join the House and Senate armed with good intentions and a complete disregard of the Indiana and U.S. Constitutions.

Already in November -- just a few short weeks after the election -- bills being discussed include increased limitations to teenagers' driving licensing, property taxes and a wishful effort by Sen. Pat Miller to limit legislators miraculously morphing into lobbyists from one day to the next.

Volunteers are needed to help keep up on the various committee work and preview what might be coming to taxpayers in the very near future. Email everyvotecounts@hotmail.com to volunteer. Please note your areas of interest in your email.

Partisan Legislature? Or No Difference?

2008-04-01T21:05:00.000-07:00

One must wonder how we claim to have partisan races in a general election when the end result really doesn't matter.

Take a look at the rough vote count in just the bills covered to date:

House: 1739 - YES; 44 - NO
Senate: 851 - YES; 25 - NO

What would be most interesting at this point is to find out why some of the few "No" votes actually voted "No". That, to me, is almost worth calling the legislators and asking.

HEA 1227 - Shoreline Development Commission

2008-04-01T20:40:00.000-07:00

Shoreline development commission. Adds the following two members to the shoreline development commission: (1) A representative of a public utility that owns real property that is located in counties contiguous to Lake Michigan and that has a total assessed value that exceeds the total assessed value of the real property owned by any other public utility owning real property in the counties contiguous to Lake Michigan. (2) The port director of the Port of Indiana-Burns Harbor. States a preference for the member of the commission appointed by the lieutenant governor being from a visitor and tourism business. Makes a technical correction.

Let's see...a public utility owning real property in the counties....blah blah.... Why not just say NIPSCO gets a representative on this very populated committee? If for some reason NIPSCO discontinues being NIPSCO, I imagine legislators would have plenty opportunity to alter this. Nothing really wrong with adding two more bodies to this board. The size of this committee isn't a problem. What they can do, however, could always be a problem.

House passes 94-0; Senate passes 47-0.

HEA 1220 - Regional Development (South Shore Rail extension)

2008-04-01T20:24:00.000-07:00

Synopsis: Regional development. Requires the commission on state tax and financing policy to study state and local funding alternatives for the South Shore West Lake extension.

Each word of this legislation stands to be worth tens of millions dollars each. What appears rather innocuous represents the first step in formalizing a move toward expansion of the South Shore Railway in Lake and Porter Counties.

The few sentences that authorize the House Tax and Finance Committee to study ways to finance this project comes with an emergency order and a report due by November 1, 2008.

As bad as it is, it could have been worse. The original House Bill:

Regional development. Establishes a transportation tax area for the territory within Lake County and Porter County. Provides for an allocation to the transportation tax area from the state gross retail and use taxes collected from the counties. Requires the development board of the northwest Indiana regional development authority to use the allocation for projects related to the West Lake line. Establishes a transportation tax area for the territory within LaPorte County and St. Joseph County. Provides for an allocation to the transportation tax area from the state gross retail and use taxes collected from the counties. Requires the board of trustees of the Northwest Indiana Commuter Transportation District to use the tax allocation for certain rail improvement projects in South Bend and Michigan City. Requires a city or county that participates in the northwest Indiana Regional development authority to remain a member for at least 10 years. Prescribes the terms for withdrawing from the development authority. Makes an appropriation.

In the end, it was trimmed down to authorizing a study. The rest of this will come next year. House passed 97-1; Senate passed 47-0. The lone dissent was Rep. Fry.

Read what the Chesterton Tribune writes on the subject.

SEA 118 - DOC Superintendent Qualifications

2008-04-01T20:07:00.000-07:00

Synopsis: DOC superintendent qualifications. Allows a person who does not hold at least a bachelor's degree to serve as a superintendent in the department of correction (DOC) if the person has specified levels of experience. (The introduced version of this bill was prepared by the sentencing policy study committee.)

We're not sure if this was intended for a particular person or not. It would appear so. And, we're torn. Our legislators constantly tell us the importance of a good education and throw millions upon millions of dollars at every level. If we are to believe them, we should be demanding our leadership positions are filled with properly trained managers. For hypocrisy, we score our legislators low for this.

However, it's long been a libertarian perspective that experience rivals education and we should be promoting the most capable and prepared individuals into management regardless of formal education. For doing the right thing with this legislation, we score our legislators high.

House passes 97-2; Senate passes 47-1. Voting "no" -- Sen. Drozda and Reps. Micon and Murphy.

HEA 1046 - Apprentice Hunting Licenses

2008-03-28T21:39:00.000-07:00

Synopsis: Apprentice hunting licenses. Establishes an apprentice hunting license that allows an individual to hunt when accompanied by a hunter who is at least 18 years of age. Provides that an apprentice hunter is not required to take the hunter education course and may not obtain more than three apprentice licenses in the individual's lifetime. (The introduced version of this bill was prepared by the natural resources study committee.)

Good job by the natural resources study committee. In fact, surprising six senators had a problem with this.

House passes 89-1. Senate passes 40-6.

HEA 1016 - Unclaimed Money

2008-03-28T21:29:00.000-07:00

Unclaimed money. Requires the treasurer of state to return certain unclaimed money directly to the claimant instead of returning the money to a court clerk to present the unclaimed money to the claimant. Removes a requirement that a claimant give notice to the attorney general of proceedings on a claim.

Nice job by Richardson, Koch and VanDenburgh to push through legislation that streamlines the process of returning previously unclaimed money to the claimant. A unanimous House and Senate vote on something that deserved it.

House passed 83-0; Senate passed 46-0.

SEA 153 - Extension of Dentist instructor License

2008-03-28T21:02:00.000-07:00

Extension of dentist instructor license. Extends until June 30, 2013, the authority of the state board of dentistry to issue a dentist instructor's license for individuals not otherwise licensed to practice dentistry in Indiana. (Under current law, the authority expires June 30, 2008.) (The introduced version of this bill was prepared by the health finance commission.)

The extension of licensing isn't an issue. Rep. Fry's antics were.

Fry tried to harpoon this legislation by adding completely unrelated language related to dialysis treatments and insurance. The attempt at the amendment was ruled out of order and the original legislation was simply extended.

Senate passes 46-0. House passes 85-13. It appears Rep. Fry has at least twelve other friends in the legislature.

HEA 1067 - U.S. Flag Protocol for Indiana Soliders

2008-03-28T08:32:00.000-07:00

Synopsis: United States flag protocol for Indiana soldiers. Requires the governor to issue a proclamation, not more than 24 hours after receiving notice that an Indiana resident who is a member of the armed forces of the United States or the Indiana National Guard has died in action or as a result of wounds received in action, ordering that the United States flag be flown at half-staff on state property on the day of the member's funeral or memorial service.

Amazing we need to codify doing what's proper.

House passes 88-0; Senate passes 45-0.

HEA 1112 - Learner's Permits and Graduated Driver's Licenses

2008-03-28T08:25:00.000-07:00

Synopsis: Learner's permits and graduated driver's licenses. Establishes the interim study committee on learners' permits and graduated drivers' licenses to study: (1) the minimum age at which learner's permits and probationary driver's licenses can be issued by the bureau of motor vehicles; (2) requirements for practice driving before a probationary driver's license can be issued; (3) the use of handheld devices by probationary drivers; (4) conditions to which the probationary driver is subject while driving; (5) whether a penalty should be given to a minor who accompanies a probationary driver without an accompanying adult driver of a certain age; and (6) the adoption of rules concerning driver education instruction.

The synopsis says what it is -- a government committee. We know what's next, also. The Final Report by will make rather strict and punitive recommendations that will be passed out of House and Senate Committee and adopted nearly unanimously by both chambers. Watch for the learner's minimum age to increase and unenforceable requirements related to "practice driving" and passengers be included.

Senate passes 43-3; House passes 92-0. Voting "No" in the Senate -- Kenley, Nugent and Waterman.

SEA 233 - Streamlined Sales Tax Conformity (Music Downloads)

2008-03-28T07:46:00.000-07:00

Synopsis: Streamlined sales tax conformity. Adds definitions of the following terms from the Streamlined Sales and Use Tax Agreement (SSUTA) to the sales and use tax statutes: (1) "digital audiovisual works"; (2) "digital audio works"; (3) "digital books"; and (4) "specified digital products". Amends the definition of "durable medical equipment" to conform with SSUTA. Extends until January 1, 2010, the date when sales of floral products will be sourced to the location of the floral business that takes a floral order from a purchaser, to conform with SSUTA. Provides that a person who transfers specified digital products to an end user with a grant of permanent use is a retail merchant making a retail transaction.

This is a tough one presented by Big-Government Senator Luke Kenley. Libertarians generally favor consumption fees and consumption taxes -- the "pay as you go" philosophy. However, with the changes to Indiana Code allowing for the State taxation of music and digital downloads from the internet, the State enters into murky waters of what overall impact will this have on small business as we move forward.

Will graphics designers in Illinois selling to a customer in Indiana now have to pay Indiana sales tax on their products? Is that next? What about your traditional manufacturers doing business across state borders? Is it fair to further enslave small business as the collecting agents of government revenues with no compensation to them as that agent? Is it enforceable even?

Another problem with this? Sen. Kenley wants our money so badly and so quickly, he made sure this was considered an "emergency act" to take effect immediately upon receiving Governor Daniels' signature. Mr. Kenley, how exactly is this an emergency?

Senate passes 46-0; House passes 80-11. Voting "no" in the House? Behning, Dvorak, Koch, Ruppel, Brown (T), Fry, Murphy, Wolkins, Buck, Grubb, and Noe. (Have we mentioned before Rep. Wolkins is one of the good guys?)

SEA 192 - Truth in Music Advertising

2008-03-28T07:16:00.000-07:00

Synopsis: Truth in music advertising. Prohibits a person, other than a media source, from advertising or conducting a live musical performance or production by falsely, deceptively, or misleadingly implying that there is an affiliation between a performing group and a recording group. Makes a violation of the provision a Class A infraction

At first glance, this legislation appeared to be death to all Elvis Presley impersonators. Then one reads the exceptions: 1) the performing group is an authorized owner of the service mark; 2) at least one member was a member of the recording group; 3) the performance is identified in all advertising and promotion as a salute or tribute; 4) advertising does not relate to a live musical performance or production taking place in Indiana; and 5) the performance is expressly authorized by the recording group.

So, what exactly does this protect?

House passes 99-0; Senate passes 46-0. Rep. Borders, well-known for his own Elvis impersonations and performances voted in favor of this.

SEA 156 - Communicable Disease Rules

2008-03-28T07:04:00.000-07:00

Synopsis: Communicable disease rules. Specifies that the state department of health may adopt emergency rules concerning communicable diseases. (The introduced version of this bill was prepared by the health finance commission.)

Believe this one was born our the Avian Flu threats and allows the State Department of Health to adopt emergency rules consistent with other agencies powers. The legislation if interpreted for its original intent is rather benign. There is room for abuse or overreaction by any of the agencies granted this authority. However, loopholes abound in our system and this action would have been made possible with or without this legislation.

Senate passes 46-0; House pases 86-0.

SEA 159 - Third Party Access to Terms of Health Care Contracts

2008-03-28T06:57:00.000-07:00

Third party access to terms of health care contracts. Specifies terms under which a third party may obtain access to a contractor's rights and responsibilities related to a provider's delivery of health care services.

Seems like a harmless piece of housekeeping. If you're receiving your health benefits through an employer program, the legislation simply grants access to that employer or an agreed upon subsidiary to administer the plan and obtain necessary contract information. Probably saves some paperwork hassles for all involved. Something goes awry? The legislation allows for arbitration to be written into a health care contract.

Senate passes 43-0; House passes 92-0.

HEA 1042 - Intent to Sell Sexually Explicit Material

2008-03-25T19:53:00.000-07:00

Synopsis: Intent to sell sexually explicit materials. Requires a person that intends to offer for sale or sell sexually explicit materials to register and file a statement with the secretary of state. Imposes a $250 filing fee and requires the secretary of state to notify certain local officials of the county in which the person locates the business. Provides that a person that offers for sale or sells sexually explicit materials without registering and filing the statement commits a Class B misdemeanor.

It's already begging lawsuits from major bookstores and news outlets. Not a good sign for a really poor piece of legislation. An election year signature from the governor must have been meant to placate the Eric Miller zealots of the world who like to trample citizen and business rights. Let's hope the courts get this one right.

House passes: 88-5. Senate passes: 44-2. Voting no in the House: Crooks, Noe, Avery, Moses and Pierce. Senate no's: Boots and Mrvan.

SEA 41 - Riparian Water Rights

2008-03-25T18:07:00.000-07:00

Synopsis: Public freshwater lakes. Defines "acquiescence" and "lake" for purposes of certain lake preservation laws. Establishes evidence that indicates the acquiescence of a riparian owner to allow the public use of a lake. Makes conforming changes. Requires the department of natural resources to prepare a list of public freshwater lakes. Allows the owners of a body of water to petition to have the body of water declared a public freshwater lake.

When the legislators look to private property and start defining "acquiescence" as the public right to use private property because you might have allowed it to be used for awhile, we certainly have a problem. Possibly we're missing something here, but it sure sounds like eminent domain exercised over water rights with public recreation the end goal.

Senate passed: 47-0. House passed: 95-2. Dissenting: Wolkins and Torr. If Wolkins votes against, it must mean our assessment of eminent domain abuse isn't far off.

SEA 28 - Fire Safe Cigarettes

2008-03-25T17:12:00.000-07:00

Synopsis: Fire safe cigarettes. Establishes reduced ignition propensity standards for cigarettes. Authorizes the state fire marshal, the department of state revenue, and the alcohol and tobacco commission to monitor and enforce the standards. Provides for certification fees and penalties. Establishes: (1) the reduced ignition propensity standards for cigarettes fund; and (2) the fire prevention and public safety fund.

Industry is already manufacturing these. Twenty-two states comply. Ironically, the best argument against is from smokers who claim there are increased toxins in the cigarettes and is putting them at risk. Ummmm...... Back to the point -- industry doesn't mind, it is proven to reduce fires and there's little reason to believe enforcement is an issue when industry is already complying.

House passed: 98-0. Senate passed 47-1. Senator Meeks dissents.

SEA 26 - Smoke Detectors in Rental Properties

2008-03-25T16:57:00.000-07:00

Synopsis: Smoke detectors in rental properties. Makes it a Class B infraction if a landlord fails to: (1) properly install a smoke detector at the time a tenant moves in; or (2) repair an inoperative hard wired smoke detector within seven days of receiving notice of the need for repair. Increases the penalty to a Class A infraction for a subsequent offense. Provides that a landlord and a tenant may not waive the requirement that a smoke detector be installed in each rental unit. Requires a tenant to replace batteries as needed in a battery operated smoke detector and to provide written notice of any malfunctions of a hard wired smoke detector to the landlord. Permits a fire department to inspect a private dwelling upon the request of the owner or primary lessee who resides in the dwelling.

Wow. What a way to perform warrantless searches using our local fire departments. Can the legislators abuse the Constitution anymore?

He said. She said. I can hear it now, "I wrote my landlord that the smoke detector wasn't working." Landlord, "My lessee took the smoke detector off the wall and never replaced it." The solution? Call the Fire Department? ARGH!

Senator Jackman and colleagues really know how to grow the size and scope of government. Not only does his legislation burden the local fire departments with potential landlord/tenant disputes, but it usurps local government control. Overall, this legislation is ill-conceived and unenforceable.

Senate passed: 41-7. House passed 97-0. And we were told Republicans want smaller government? If that's the case, why are Senators Hume, Skinner and Lewis consistently for less intrusive government? Kudos to them!

HEA 1169 - Cosmetology and Estheticians

2008-03-24T09:19:00.000-07:00

Synopsis: Cosmetology and estheticians. Changes the term "cosmetology professional" in the law concerning beauty culture to "beauty culture professional". Defines "threading". Exempts threading from cosmetology licensing laws. Makes conforming changes. Repeals the definitions of "cosmetology professional" and "continuing education course" .

This comes from the man who wants to serve Indiana's 7th District in Washington D.C. Rep. David Orentlicher must have bored with property tax reform. While his colleagues were haggling over tax caps, Rep. Orentlicher was redefining cosmetologists as "beauty culture professionals". Well, there's some important legislation.

Of course, I'm sure it was prompted by the need for our legislators to properly define and exempt the art of threading from cosmetology law. For the unwitting reader, according to Indiana Code 25-8-2-19, "threading" refers to a technique that results in the removal of superfluous hair from the body by twisting thread around unwanted hair and removing it from the skin and the incidental trimming of eyebrow hair.

Seems a bit crazy to over-license and regulate this industry, but also not clear why eyebrow trims get the exemption over other body parts.

And a side note -- Rep. Mays, an opponent of Rep. Orentlicher in the upcoming primary, was excused from the vote. Either she was getting the eyebrow trim and unable to make the roll call or she realized there were more important matters -- probably the latter.

House passed 86-9. Senate passed 46-1.

SEA 111 - Graduation Rate Formula

2008-03-24T08:40:00.000-07:00

Synopsis: Graduation rate formula. Specifies that students graduating as members of a cohort include students from the cohort who graduate during the expected graduation year or during a previous reporting year. Provides that students may count as graduating members of only one cohort. Corrects an incorrect cross-reference.

Possibly we should require our own state legislators to take a stab at the mathematics section of ISTEP testing. Apparently trying to figure out a graduation rate is a little complicated. This piece of legislation corrects what they couldn't calculate correctly in previous legislation. Remarkably, they did mostly agree that one graduate can only be counted in one graduation year -- not two.

House passed 99-0. Senate passed 38-3. Senators Arnold, Hume and Skinner dissented.

HEA 1051 - School Corporation Donations to Foundations

2008-03-24T08:04:00.000-07:00

Synopsis: School corporation donations to foundations. Permits a school corporation to annually donate not more than $25,000 to a community foundation if the donation is matched by a private donor. (Current law permits school corporations to make matched donations only to public school endowment corporations.)

As more and more school corporations look to the community for funding of their core program needs, school foundations at secondary schools are taking off. While this bill allows a school corporation to maximize matching grants up to $25,000, it does not go far enough in providing transparency for those contributions. It states that the qualified foundation must open its books at the request of the state board of accounts to determine in which the school corporation's donation and any matching donations have been held or distributed. It would be nice to make those books open for public scrutiny at the time public funds are received.

Passed House: 94-0; Passed Senate 46-1. Sen. Skinner was the lone dissenting vote.

SB 577- Lottery Privatization

2007-02-13T09:44:00.000-08:00

Synopsis: Authorizes the state lottery commission, the Indiana gaming commission, and the Indiana finance authority to enter into a management agreement for the operation of the lottery. Establishes the Hoosier hope scholarship program. Establishes the world class scholar program. Makes an appropriation.

Privatization can be very positive for the taxpayer, if done properly. Given Daniel's track record, don't count on it.

Author: Merritt
Status: Referred to the Committee on Tax and Fiscal Policy
Monitor

HB 1029- Free Textbooks

2007-02-13T09:39:00.000-08:00

Synopsis: Provides textbooks to students in public schools at no charge to the student's family.

Nothing is as expensive as what a politician tells you will be "free." Although we can argue the truthfulness of their wording "no charge to the student's family," the fact is textbooks are already subsidized to Hoosiers. This bill would further take the consumer out of the loop and remove any incentives to find less expensive books or more efficient ways to educate our children.

Author: Hoy
Oppose

SB 106- Alternative Fuel Grants

2007-02-13T09:32:00.000-08:00

Synopsis: This bill requires a $10,000,000 yearly appropriation for development and research of alternative fuels.

Most alternative fuels are smoke and mirrors, this is why governments are the only suckers gullible enough to "invest" in them, the private sector won't touch these scams with a ten foot pole. There is probably an answer to our energy questions, but government waste is not it. Profit as a motivation is enough to propel the development of these new technologies, if the government would just get out of the way and allow the free market to make it happen.

Author: Lanane
Status: Referred to the Committee on Appropriations
Oppose

SB 327- Immunization for school age girls.

2007-02-13T09:21:00.000-08:00

Synopsis: Requires a school to: (1) provide information to each parent of a female child entering grade 6 concerning the link between cervical cancer and the human papillomavirus (HPV) infection and of the availability of an immunization; (2) collect written statements from the parent indicating whether the child received the immunization; and (3) file a written report with the state department of health (state department) stating the number of required female students who have received the immunization and the number of female students who have not received the immunization. Requires the state department to provide a school with the information on cervical cancer and HPV and prescribe the format for the written statement.

Although far better than its earlier incarnation which would have forced medical care on our children, this bill still threatens to require government schools to play family doctor. This bill assumes that the state knows best when it comes to the medical care our children receive by what can only be construed as an attempt to bully parents into injecting their daughters with this unproven, possibly ineffective, and potentially dangerous vaccine. What role could pharmaceutical giant Merck, who stands to make piles of money, play in this legislation?

Author: Becker
Status: Passed the Senate (44 to 5)
Oppose

HB 1090 - Sale of handguns

2007-02-03T07:49:00.000-08:00

Synopsis: Provides that a gun show vendor is a firearms dealer for purposes of the law concerning the sale of handguns. Makes it a Class A misdemeanor for a person to purchase more than one handgun during any 30 day period. Provides for certain exceptions.

This bill is not only a infringement on our rights, but is completely unnecessary. One handgun can kill a person dead just as well as a bushel basket of them, it will do nothing but inconvenience law-abiding citizens. A criminal intent on murder and mayhem will be sure to avoid buying two handguns in a one-month period less he tack on a misdemeanor to his consecutive life sentences.

Author: Orentlicher

Oppose

SB 18 - Handgun Sales

2007-02-03T07:45:00.000-08:00

Synopsis: Eliminates the requirement that a handgun dealer, after selling a handgun to a purchaser, forward to the state police department a copy of Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473 completed and signed by the purchaser.

Most gun dealers are small, locally owned businesses, reducing their paperwork load is a good thing, as is the impact on the privacy aspects.

Author: Steele
Status: Third reading passed (49/0)
Support

SB 10 - Repeal of student scoliosis testing requirement

2007-02-03T07:41:00.000-08:00

Synopsis: Repeals a provision that requires each public school student in grade 5, grade 7, and grade 9 to be tested for postural defects.

The forced medical testing of our children is just another sign that our representatives consider parents to be incompetent and unable to provide proper medical care if not for the benevolent hand of the nanny state stepping in to force them. This repeal could mean a real monetary savings that could be turned into tax cuts, and allow the control of a child's medical care to be returned to his or her parents, where it belongs. It will also allow educators to spend more time in the classroom, and less time compiling medical data reports.

Author: Miller
Status: Passed third reading (37/11)

Support

SB 217 - State Insect

2007-02-03T07:40:00.000-08:00

Synopsis: Provides that the monarch butterfly is the state insect.

It's good to see all the state's problems have been solved so our legislators can take time to focus on what really matters, what insect should be the state's official.

Author: Kruse

Silly

HB 1033- Requires weather radio in mobile homes

2007-02-03T07:39:00.000-08:00

Synopsis: Requires that a mobile home that is installed in a mobile home community be equipped with a weather radio.

What's next, making it a felony to forget to change your smoke detector batteries?

Author: Hoy
Status: Referred to the Committee on Technology, Research and Development
Oppose

HB 1259- Sales tax holiday

2007-02-03T07:36:00.000-08:00

Synopsis: Sales tax holiday. Provides a sales tax exemption for clothing, clothing accessories, school instructional material, and school supplies that are purchased during the seven day period from July 25 through July 31.

Real tax relief measures of any sort are rare and sales tax relief can help to spur growth in the local economy and increase tourism, as other tax holiday states are fully aware. Why can't this bill be expanded to cover more than just school supplies?

Author: Crooks

Support

SEA 232 - Jury Service Exemptions

2006-09-25T10:53:00.000-07:00

Kudos to Indiana on this one. It repeals a provision allowing for certain jury service exemptions and puts in its place a deferral system by which selected jurors may defer service for up to a year if they select an alternate date. This law ends the dodging of jury service while simultaneously giving people an option that reduces the inconvenience of service as much as possible. Jury service is a duty that every registered voter owes in exchange for that privilege, and is essential to the functioning of our court system. That being said, there’s no reason to make jury service more of an inconvenience than it has to be. Hopefully this will lead to much more enthusiastic jurors, who will view jury service as less of a chore.

Author: Beverly J. Gard
Sponsor: Ralph M. Foley

HEA 1327-Taxation and Government Finance

2006-09-25T10:49:00.000-07:00

Yet one more law where state government interferes in county tax issues. This one regulates Jackson and Scott Counties’ income tax rate and changes the termination date for Nashville and Martinsville food and beverage taxes. What end does it serve for state to be meddling in county affairs? The county is responsible enough to levy its own taxes when it needs them without the state tweaking and modifying.

Author: Jeffrey Espich
Sponsor: Howard Kenley

HEA 1261-Housing and Community Development

2006-09-20T11:19:00.000-07:00

This law moves several programs from the Family Social Services Administration (FSSA) to the Office of the Lieutenant Governor, including the housing assistance act of 1937, community services block grants, home energy assistance programs, weatherization assistance, food and nutrition programs, migrant and farm worker programs, emergency shelter grant programs and shelter plus care programs.

On its face this seems like a good thing for Libertarians. With all these services being moved away from the bureaucratic agency, one would think government was downsizing. One would be wrong. With all these responsibilities being lifted from the shoulders of the FSSA, maybe budget and/or personnel cuts would accompany. Maybe not. There is no provision in the bill reducing the size of FSSA. Other programs will assuredly follow to take the place of those that have been moved. Government agencies never die.

Author: Woody Burton
Sponsor: Teresa S. Lubbers

SEA 192-Bail Requirements

2006-09-20T11:16:00.000-07:00

This law allows property to be posted as bail and allows the court to require a defendant to sign a contract that allows the court to retain bail to pay public representation and fines, fees and restitution should the defendant be convicted. The Libertarian Party has long-believed in the guilty bearing the cost of the justice system. This seems only appropriate.

The public should be more than happy to pay to defend innocent men and arrive at justice, but why should we as taxpayers pay for a guilty man’s defense. If the defendant is found guilty, he/she should reimburse the public for the money that was spent at trial. This seems like a very fair system, and we are impressed with Indiana’s decision to do it this way.

Author: Richard D. Bray
Sponsor: Ralph M. Foley

HEA 1011-Miscellaneous Election Law Matters

2006-09-13T08:50:00.000-07:00

Establishes a pilot program in selected counties that will hopefully go statewide whereby a voter may vote at any vote center in his/her county regardless of precinct. This law would make voting much easier for those who work somewhere different than where they live. By giving people more flexibility with where they vote, hopefully Indiana can substantially increase voter turnout and make it possible for people who could not make it to the polls on election day to vote. Workaholics, people on the move and young families will benefit from this experiment. This is a good move on the part of the Indiana legislature and we hope that it works out well in the pilot counties and becomes law for all of Indiana very soon. And, after that, let's work on eliminating the gerrymandered districts so when people do vote they have a choice. What a combination -- choice and access?

Author: Kathy Richardson
Sponsor: Connie Lawson

SEA 191-Photos in Criminal History Files

2006-09-13T08:40:00.000-07:00

Provides that a law enforcement or justice agency reporting an arrest must submit a photo of the suspect and those photographs are included as part of the limited criminal history an employer may request before hiring. It's puzzling why an employer would want a 20-year old mug shot or even one-year old photo for that matter. The employer can learn all he/she needs to know about prospective a propspective employee from court papers, applications and properly prepared background checks. There are private companies that excel in providing quality background checks. Is it not possible for a person to learn from mistakes made without our government standing on the sidelines undermining attempts at personal growth? Show some respect, please.

Author: Thomas J. Wyss
Sponsor: William Ruppel

SEA 354-Forestry Issues

2006-08-30T10:23:00.000-07:00

Allows certain land to be classified as wildlands for property tax purposes. We don’t really have a problem with that. What we have a problem with is that the law goes on to specify that a native forest to have at least 1000 trees per acre, but a forest plantation need have only 400. This seems a little backward to us. A plantation is certainly less of a habitat than a genuine native forest. Why is it that the tax break comes easier to the plantation than the undisturbed forest? Could the timber industry have anything to do with it? Something doesn’t smell right.

Author: Thomas K. Weatherwax
Sponsor: John Ulmer

HEA 1420 Employee Tobacco Use

2006-08-30T10:22:00.000-07:00

This bill seems good but yet, so common sense it should be unnecessary. The bill ALLOWS employers to implement financial incentives related to employee health benefits to reduce employee tobacco use. Why does this even need to be said? Of course employers and employees should have the right to negotiate any agreement they wish between themselves. An employee smoking increases the chance that he/she will need medical care. This is a statistical fact. Health insurance is based on statistical probabilities. Those who are a higher risk should of course pay higher premiums. But more importantly than that, a business and an employee do not need the permission from the government enter into an agreement that affects only them. Consenting adults have the capability as well as the right to negotiate their own deals. So thanks to Indiana for allowing us to make our own decisions, but we’d rather you just stayed out of it.

Author: Tim Brown
Sponsor: Beverly J. Gard

HEA 1249 County Drug Free Community Fund

2006-08-21T12:48:00.000-07:00

Besides the philosophical grounds on which we oppose nearly all drug related legislation, this law violates libertarian principles above and beyond the usual personal choice issues. The County Drug Free Fund is a fund established by the State of Indiana, which it can use to influence local government on local issues. In much in the same way that the federal government used the threat of losing highway funds to enforce its drinking age on the states, Indiana can now use the threat of revoking CDFCF money to influence county drug policy. The program requires that to receive funds each county must appoint a coordinating council, which must be approved by the Commission for a Drug Free Indiana. It requires that the county submit a comprehensive “drug free communities” plan to the commission. If the commission does not approve of the plan it can send it back, withhold funds or even appoint a new board. Not only does this bill appropriate taxpayer money, and create more needless bureaucracy, but it also gives the State of Indiana the ability to effectively blackmail localities into compliance on local issues. This is bad news for civil libertarians tired of the government telling them what they can and can’t put in their bodies; bad news for efficiency minded libertarians, disgusted with bureaucratic waste; bad news for fiscal conservatives, looking for lower taxes and less frivolous spending; bad news for federalists hoping to harness the ever growing leviathan of federal and state government and keep it out of local affairs; but it is especially bad news for the people of Indiana who are sick and tired of the government nanny.

Author: Luke Messer
Sponsor: Dennis K. Kruse

HEA 1380 Various Economic Development Areas

2006-08-15T10:51:00.000-07:00

This piece of special interest legislation should offend Libertarians at many points throughout its incoherent and random array of handouts. The bill, authored by Kokomo Republican John Smith, provides that certain transactions occurring after December 31, 2006, and before January 1, 2009, involving tangible personal property are exempt from sales tax if the person acquiring the property acquires it for the person’s direct use in the production of a motion picture. It also removes the January 1, 2008, deadline for making investments in machinery, equipment, or special purpose buildings used to make motion pictures or audio productions that are eligible for the Hoosier Business Investment Tax Credit. Finally, it further extends the deadline by which an investment must be made in order to be eligible for the HBITC. It begs the question, “Which friend or campaign donor of which legislator wants to invest in a movie so badly that he/she believes himself/herself to be entitled to a taxpayer subsidy and which movie is it?” That particular movie project sn't the only recipient of corporate welfare. The bill also shovels money towards someone’s special interest by allowing that farm mutual insurance companies, but not other companies -- even other insurance companies -- may elect taxation under the gross premium tax. Someone must also have an interest in a farmer’s insurance company.

Author: John Smith
Sponsor: David C. Ford

HEA 1220 Professional Investigation Funds

2006-08-15T10:50:00.000-07:00

This bill establishes that architects, landscapers, land surveyors and professional engineers must pay a fee at the time of issuance or renewal of licenses into an investigative fund. In effect, law abiding business people are being forced to subsidize investigations in their own industry. Why not put costs of investigation onto those that actually commit the crime rather than arbitrarily making the cost of entry higher for honest, young professionals while raising the cost of services to consumers? Making innocent people pay for the crimes of the guilty is not a good way to promote an industry, to ensure accountability nor to spur economic growth in that area.

SEA 193 Controlled Substances

2006-08-08T11:37:00.000-07:00

Pharmacists and cold sufferers have become the newest innocent casualties in the war on drugs. In a blatant invasion of the privacy of lawful buyers and sellers, the legislature now requires pharmacists to keep a log of all buyers of any product containing ephedrine or pseudo-ephedra, chemicals commonly found in over-the-counter medications such as cough syrup and everyday pain relievers. Law enforcement officers can inspect, on demand, the log of any pharmacist and the new law allows the Indiana Criminal Justice Department to obtain log statistics. The government can now monitor you simply because you buy cough medicine. The law also classifies the possession of two or more precursors with intent to manufacture methamphetamine a class D felony. Intent is a vague, ambiguous, and hard to prove standard to prosecute someone. Most everyone owns two or more precursors since precursors include cough syrup, caffeine pills and gasoline. So we’ve put ourselves in a position where, at a police officer’s discretion, felony arrests can be made based on ownership of everyday household products.

Authors: Richard D. Bray & Lindel O. Hume
Sponsor: Ralph M. Foley

SEA 247 Homeland Security

2006-08-08T11:35:00.000-07:00

The excesses of the Homeland Security Administration have come to Indiana. Since its inception shortly after September 11, 2001, the department has consistently overstepped the bounds of privacy, decency and the Constitution. This new Indiana law brings the Department of Homeland Security to our own back yards. Not only do all Americans have to worry about wire-tapping, warrantless searches, no-knock warrants, the USA Patriot Act, and indefinite imprisonment without trial, but now Hoosiers will be asked to subsidize their very own Indiana Intelligence Fusion Center and the Counter-Terrorism and Security Council. These agencies will be charged with combating the specter of terrorism with the very same unconstitutional methods that the Federal DHS uses and will have its records exempted from the open records law, eliminating all semblance of accountability in the system. This critical blow to the 4th, 5th, 6th, 8th, and 14th Amendment rights of Indiana residents also includes a provision granting the Department of Corrections the ability to read prisoners’ mail.

Author: Thomas J. Wyss
Sponsor: William J. Ruppel

HEA 1124 Rainy Day Fund

2006-07-31T09:20:00.000-07:00

A new Indiana law authorizes a loan from the State Rainy Day Fund of up to $13,000,000 for any taxing unit whose property tax revenue is affected by the bankruptcy of a taxpayer that manufactures microelectronics. If you think this provision seems awfully arbitrary and exclusive, you’re not alone. The bill was authored by Republican lawmaker James Buck of Kokomo. Ironically, Mr. Buck is chairman of the Government and Regulatory Reform Committee. Interestingly enough, the Howard County city has just experienced this particular phenomenon with the October 8, 2005 bankruptcy announcement of local microelectronics giant Delphi Delco Electronics, already the recipient of over $875,000 in two years from the Indiana Department of Workforce Development. Due to the Political clout of Representative Buck, Howard County receives Department of Workforce Development subsidies that are nearly three times the per worker awards of the next highest counties and over six times the statewide average. This special interest pork appropriations law comes directly out of the pockets of all Hoosiers.

Author: James Russell Buck
Sponsor: Jeff Drozda

HEA 1010 Eminent Domain

2006-07-31T09:19:00.000-07:00

In the much-publicized 2005 case, Kelo v. City of New London Connecticut, the Supreme Court upheld the rights of Federal, State and local Governments to take property from private land owners and award it to other private owners, provided they award compensation. This expansion of government's power over its people far beyond the scope of the 5th amendment sent shockwaves through liberty-minded Americans. Finally, Indiana has joined the growing number of states, which, faced with a US Supreme Court that refuses to enforce the Constitution, has taken the task upon itself. Although we do not believe that HEA 1010 goes far enough in protecting the rights of property owners, it is a vast improvement over the previous situation, for which we heartily applaud the State of Indiana. The bill limits the government’s right to take property in the following ways: 1) It requires the government to demonstrate evidence of its appraisal to the landowner, and enter into good faith negotiations; 2) awards the property owner compensation at trial, including attorney’s fees if he/she sues and the court finds in his/her favor; 3) Requires payment of additional damages beyond the value of the property, such as business loss; 4) Lastly and most importantly, it specifies that eminent domain may be used only to deliver essential services, and expressly prohibits taking for the sole purpose of increasing the tax base of an area. The law also prohibits a state agency from requiring the removal of a lawfully erected sign as a condition for a license or permit, and prohibits libraries and cemeteries from exercising eminent domain. These are all provisions that will undoubtedly be beneficial to the people of Indiana in their fight against the ever-expanding power of the government. We applaud Indiana’s willingness to take a stand on this issue.

Author: David Alan Wolkins
Sponsor: Richard D. Bray

SEA 205 Disclosure of Electronic Mail Account Addresses

2006-07-17T13:28:00.000-07:00

We applaud the Indiana Legislature for this measure, which protects the privacy of Hoosiers. It provides that a public agency need not create or distribute to lists of email accounts in most cases, and in many cases may not. It also prohibits agencies or businesses from inspecting confidential records. In a time when America seems to be moving more and more toward a disregard of privacy rights, it is refreshing to see Indiana standing up for those rights. The internet is an anonymous forum for the exchange of information. It is just about the only anonymity we have left. We are glad that Indiana, at least, has seen fit to preserve that, even if the Federal Government won’t. The Bush Administration and members of both major parties in Congress could learn a great deal by looking to Indiana’s example.

Author: JEff Drozda
Sponsor: Eric Koch

HEA 1232 Curfew

2006-07-17T13:26:00.000-07:00

Allows a child to be in a public place after curfew if the child is participating in an activity undertaken at the prior written direction of the child’s parent, guardian or custodian. It is not the Government’s responsibility to baby-sit children, especially not the State Government. It is egregious enough that local communities are passing these laws, taking responsibility for children out of the hands of parents, but now the State Government is getting involved. The State Legislature has no right to tell you where your children can and can’t be after a certain time. Requiring parents to be responsible for their own children is a step in the right direction but requiring written permission is an imposition on individual parents that the government has absolutely no right to make. This law should offend Libertarians on two levels: first the proper role of government is being trespassed in initiating a curfew on law-abiding citizens in the first place; secondly the State Government has overstepped its federalized boundaries by interfering with and amending local laws. This is a travesty.

Author: Ralph Ayres
Sponsor: Richard D. Bray

HEA 1155 Sex Offenders

2006-07-12T12:38:00.000-07:00

It’s hard to feel bad for convicted sex offenders. They have committed terrible crimes on our most innocent and vulnerable. But even for society’s most undesirable members we must draw some line of privacy rights and human dignity. The 2005 Indiana Sex Offenders law, on top of the already existing public Sex Offenders Registry, requires offenders to notify law enforcement if he/she will be absent from his/her home for more than 72 hours. If the offender is living in temporary housing he/she must register every seven days and requires law enforcement to personally visit the residence. While we recognize that these crimes are very serious, it seems as though a person who has paid the price and spent what society considers to be an appropriate amount of time in prison, has paid his/her debt to society. To then compel that person to spend the rest of his/her life without any privacy borders on Big Brother. In addition, the use of law enforcement and bureaucracy to process these offenders and visit their homes when they could be out preventing new crime is inefficient, unsafe and a waste of taxpayer money.

Author: Mary Kay Budak
Sonsor: David C. Long

HEA 1049 Controlled Substance Crimes and Child Neglect

2006-07-12T12:37:00.000-07:00

Child neglect is a very serious crime. No one wants to see children neglected. New Indiana legislation now qualifies some neglect as worse than other neglect, based not on the effect on the victim but on the motive or circumstances of the perpetrator. Evidently, the Indiana Legislature considers a child neglected by parents who are alcoholic, disinterested, intentionally hateful, or for a host of other reasons to be less injured than children who are neglected by a parent who runs a meth lab. I think the victims would disagree. All children deserve protection, not just those whose personal tragedy happens to play into lawmakers’ politically driven meth-crusade agenda. The new Indiana Law on Controlled Substances makes the crime of neglect of a dependent a class C felony if and only if: 1) it results from the manufacture of cocaine, methamphetamine or a narcotic drug; or 2) is committed in an area where cocaine, methamphetamine or a narcotic drug is being manufactured, delivered or financed. Child neglect is a terrible crime. Perhaps Class C felony is the appropriate charge for such a heinous crime. But what is it about the setting that makes it worse just because it involves a drug lab? Neglect is neglect and just because a parent neglects his/her children in a home that does not manufacture drugs does not make it excusable. That child is no less injured. This is similar to hate crime legislation, which in many states specifies an added penalty to a crime based on its motives. The Supreme Court ruled one such Minnesota law unconstitutional in the 1992 R.A.V. v. City of St. Paul. Crimes should be punished for their results, not their motives.

LPIN Legislative Center Returns

2006-07-12T10:24:00.000-07:00

The LPIN Legislative Center returns shortly to the blogosphere with our weekly postings reviewing laws that went into effect following the 2006 legislative session of the Indiana General Assembly. Some we like; some we hate; most are just not necessary. You be the judge.

Check back weekly as the new reviews are posted.

HB1008 -- Major Moves -- Action Needed!

2006-03-11T06:34:00.000-08:00

Calling all libertarians -- Quick Fix's Major Screws bill is still working its way through committee. It's a rough road. What was once viewed as an unstoppable piece of poor legislation is coming under fire now from L's, D'r and a few R's. Winona Lake Republican Dave Wolkins has already come out against the bill and should open the door for a handful of other northern Indiana R's to break ranks.

At issue: Evansville R's don't want the new terrain I-69 route changed. Indy R's want the route to not go through heavily populated Perry Township. To toll or not is a real issue with southern Indiana R's. Indy to Bloomington Republicans won't sign on if that stretch of the new terrain I-69 is tolled. Further south, they'll be screaming if they get tolls and the middle doesn't. And, of course, up north 80% of the residents disapprove. LaPorte Rep. Budak was quoted in Indy press saying, "If it costs me the election, so be it." We agree....so be it.

Call your legislator Monday! We need to get word out.

STATUS: Somewhere between becoming horrible law and dying.

SB321 -- Skills 2016 -- Position Reversal

2006-03-11T06:23:00.000-08:00

OPPOSE: Senate Majority and House Minority Leadership opted to continue their assault on small business with their decision not to exempt small business from mandatory funding of the Skills 2016 fund. The proposal would have exempted employers with fewer than 20 employees from contributing to this worker training fund. These companies will never have an opportunity to access this money. The joint committee ironing out details found a way to iron away the real benefit in this one. Truly shameful. Small business owners of Indiana unite!

STATUS: Destroyed by legislators....anyone surprised?

Public Health Bills Survey Results

2006-03-07T13:30:00.000-08:00

We can't claim a resounding scientifically accurate poll, but 80% of our respondents shot down the two proposed bills sitting in the Committee for Public Health.

SB284 - Statewide Trauma System - While few would disagree that a better system is needed, the problem with supporting this proposed legislation is the long-term government control of the project. Help get it started and step back. We don't need more government agencies regulating private industry. STATUS: Passed both House and Senate. In conference committee working out differences.

SB270 - Family Social Services Matters - No one seemed to like this one. Just as well, as it looks to be dead in committee. Just don't turn our backs...it could come back! STATUS: Appears to be killed in Committee.

SB321 -- Skills 2016

2006-03-07T13:05:00.000-08:00

SUPPORT: This is the language from HB1142 which was supported earlier in the session. It was folded into SB321 when it did not get out of the House committee. SB321 exempts employers with fewer than 20 employees from payment of Skills 2016 Training Fund assessments. This training fund is not a tool for small business growth. It is merely a subsidy charged small business owners to support big business and big box company attraction efforts. This bill will keep millions of dollars in small business owners businesses. What a concept! Call your legislator today to support this.

STATUS: Passed House and Senate. In conference committee to iron out details of chamber differences.

HB1010 - Eminent Domain Update

2006-03-01T13:38:00.000-08:00

Amendments: True to form, LPIN can agree with the general direction, but the devil's in the details. Senate dealt with seven amendments to Rep. Wolkins' eminent domain bill. Of the seven, five passed. Of those five amendment, LPIN supported only one and that was just mild support. Of the two that failed, LPIN would liked to have seen one pass and was indifferent on the other. Passing amendments: 3, 5, 6, 10 and 11. Failing amendments: 2 and 8.

Just when we think our legislators will do the right thing.......

STATUS: Passed Senate 49-0 with unfavorable amendments. Back to House.

SB333 -- Government Over-licensing

2006-03-01T13:18:00.000-08:00

OPPOSE: Eric Miller's Advance America got this one right. The webpage reads, "Churches and Christian Schools should not be licensed by the government!" So, how do we end up with different conclusions to SB333? Advance America says "support this." But, the reality is the government should not be licensing many of the business and organizational efforts covered in this mammoth bill. The bill extends government reach from barber shops to manufactured housing installers. And, where they increase licensing for some, they decrease licensing for others. Mr. Miller, where's the equity in this bill? Stand by the LPIN and fight for more equal treatment of all businesses, not just a special interest group.

STATUS: Passed Senate 50-0. Amended in House five times, up for full House vote.

HB1010 -- Eminent Domain Senate Vote Today

2006-02-27T06:32:00.000-08:00

The full senate is hearing the HB1010. If passed, it will go back to the House for consideration of the Senate amendments. And, there are a few amendments proposed.

1010-1 Indifferent. Deals with sewage disposal company. Probably not a bad thing to simply clarify.
1010-2 Support. Makes eminent domain use stricter for sewage disposal companies.
1010-3 Mildly against. Sets a limit on signage lost through eminent domain use rather than possible full cost recovery. Not a major point, though.
1010-4 Indifferent. Addresses timelines for court proceedings related to eminent domain cases.
1010-5 Mildly support. Sen. Drozda proposes changing language from "publicly owned venues" to "parks". He's been an opponent of eminent domain abuse. We've got to believe this is a good thing.
1010-6 Against. Sets limits on legal fees allowed to recoup from condemnor if ruled against in court. The stiffer the potential penalty the more hesitant someone will be in trying to use eminent domain.
1010-7 Strongly Against. Sen. Broden proposes that greenfield sites be viewed differently. If, for example, a company would like to develop some farmland and has acquired at least 75% of the land needed, the rules for acquiring the remainder are much less strict. Sorry, Senator, bud "this land is my land...."
1010-8 Indifferent. More sewage disposal company language.
1010-9 Against. Sen. Broden's second attempt for stealing farmland. I guess just in case his first attempt doesn't work.
1010-10 Against. Hmmm.... Sen. Broden's third attempt for stealing farmland. I guess just in case his second attempt doesn't work. He's a persistent son of a gun, isn't he?
1010-11 Against. Amendment wants to allow exception be given to "certified technology parks". I'm sure everything would become a technology park if this were to pass. Say no.

HB1190 -- Direct Wine Sales

2006-02-24T04:29:00.000-08:00

OPPOSE: We oppose this as it's written, but totally killing some effort to protect a local industry is even more irresponsible. Legislation should be offered at no cost to the State, that protects an industry rather than threatening it. Wineries should maintain their ability to sell and ship direct to customers without being required to go through a middle man who will trim the wineries' margins, bulk up their own and control what product the public can access. The loser in this are the "Buy Indiana" wine drinkers that enjoy an occasional local treat.

We have a governor claiming to want to grow businesses across the state. We have a legislature and local governments that encourage public financial incentives for the smallest of projects.

Yet, the legislature would like us to now penalize a small, but successful cottage industry of Indiana wineries by limiting their long-established practice of direct sales to customers. Of course, this is at the hands of the longer-established distribution companies that have a stranglehold on alcohol sales channels. It's enough to make Joe Kennedy proud.

In its latest legislative twist, Senate President Pro Tempore Robert Garton is not going to allow the bill to advance. Rather, he prefers to put this back in the courts where nine Indiana wineries are challenging a government order not allowing them to ship in-state.

Status: Passed House 60-36. In Senate Committee on Rules and Legislative Procedure. Killed for now by Sen. Garton.

Update -- HB1010 - Eminent Domain

2006-02-23T13:06:00.000-08:00

Rep. David Wolkins kindly phoned the office today with an update on HB1010, his legislation to make eminent domain abuses a practice of the past. (Well, at least until Quick Fix and Indy Mayor Peterson squeeze out the NK Hurst company....then the legislation can take effect.) He noted in the phone message that they have a handful of amendments on the table for a Monday session. He was pretty neutral on the changes and I concur they don't appear to be anything that would change the tone nor purpose of this bill. We'll still watch for those changes.

Kudos to Wolkins for taking this on this session -- now if we could only have him look clearly at the terms of the toll road sale -- oh, sorry, that's a lease. Oh, wait, it's a "sale" that just looks like a "lease."

SB47 -- Free Criminal Background Checks for Religious Organizations

2006-02-21T12:15:00.000-08:00

OPPOSE: The taxpayers should not carry the financial burden for staffing decisions made by not-for-profit and religious organizations. SB47, authored by Sen. Hershman and passed out of the Senate 48-1, provides exactly that. It provides for free background checks on potential employees and volunteers. If background checks are prohibitively expensive, maybe we should revisit their costs for all interested parties.

Status: Passed Senate 48-1; passed out of House Committee 11-0; up for full House.

House Committee for Public Health

2006-02-21T09:45:00.000-08:00

The House Committee for Public Health is hearing two Senate bills today with the option of amending and voting on each. Both, whether well-intended or not, seem to create more levels of bureaucracy or mask the purpose and intent. Libertarian? Support? Oppose? You tell me.

Take the polls for the following two bills under consideration on our Liberty Beacon Yahoo! Group: http://groups.yahoo.com/group/lpin

SB270 -- Family Social Service Agency Matters
Smoke and mirrors? This bill proposes the name of the program change from Aid to Families with Dependent Children (AFDC) to Temporary Assistance for Needy Families (TANF). Temporary would be nice, but the bill goes on to remove the "prompt and diligent efforts to verify information in indigent care applications" language. We all understand the staff at FSSA is overworked and under-appreciated. While we commend the jobs they do, should the government be providing a path to least resistance in handing out public dollars? Also, the bill authored by Senator Miller requires state staff to seek an exemption of copayments at the time of treatment for non-emergency services delivered at hospital emergency rooms. This passed out of the Senate 50-0.

Read the full text of the bill and see the action on SB270.

SB284 -- Statewide Trauma System
This bill establishes a statewide trauma system under the authority of the Indiana Department of Health. It authorizes the Department of Health to "adopt" rules concerning the trauma system. "Adopt" or "impose"? It would seem that a private network of hospitals could arrange this with the government's brokerage, not oversight and "authority". OH, this passed the Senate 50-0, also. What's this we hear about bi-partisan battles at the Statehouse?

Read the full text of the bill and see the action on SB284.

Sign on or join our Yahoo! group and take the polls on these bills. Results will be posted later this week.

Session Out Until Next Week

2006-02-17T11:54:00.000-08:00

Look for next week to be a big week with legislation moving through committees at a much faster rate than the last two weeks. Quick Fix will have wrapped up his northern Indiana tour touting his "Major Screws" bill, HB1008. It still sits in the Senate and should get some more attention next week.

We should still keep our eye out for the Association of Cities and Towns legislative components to work their way into a bill. This stuff is evil...let's stay on top of it.

HB1010 -- Eminent Domain Moves On

2006-02-14T11:30:00.000-08:00

Excellent news from the Senate today. HB1010 exited its committee unanimously today with two minor adjustments -- good ones at that. The Senate added that private cemeteries could not exercise eminent domain, as they are allowed currently. And, libraries must now seek city council, or governing board, permission in their efforts. The bill is voted on in the full Senate as early as tomorrow, then returns for a vote in the House with consideration given to the amendments.

Session Update -- LPIN Positions

2006-02-13T13:52:00.000-08:00

BILLS SUPPORTED:

HB1010 -- Eminent Domain -- Passed the House and is still sitting in committee. We need to call our Senators and let them know to take action on HB1010 as the House submitted it (or even stronger language would be nice).

HB1142 -- Skills 2016 -- Sitting in Senate committee. No action yet.

SB0117 -- Tobacco Incentives -- Passed out of House committee. Moving forward without amendments.

HB1113 -- Food Service Tort Reform -- In Senate committee. No action yet.

BILLS OPPOSED:

SB0037 -- Election Reform -- Passed out of Senate 50-0. Sitting in House committee.

SB0127 -- Campaign Reform -- Passed out of Senate 50-0. Sitting in House committee.

SB 0088 -- Seat Belts -- Passed out of House 26 - 21. Sitting in House committee.

HB1008 -- Major Moves -- Passed out of House on party line vote. In Senate committee.

We need to keep watching these and contact our legislators. The partyline R votes are quite annoying and northern Indiana republicans may come to regret this blind support at the polls in November.

We expect components of the HB1400 or HB1399 to surface in any one of a handful property tax bills that passed out of committee. With "Major Moves" slowing in Senate committee, some attention from the over-reaching property tax reform bills are not being discussed as much. Sen. Kenley has held up the closest thing to good legislation in HB1001, authored by Rep. Espich. However, there's plenty of time for special interests -- particularly the cronies associated with Indiana Association of Cities and Towns -- to build in their increased taxes. Be aware!

HB1142 -- Training Fund Assessment

2006-02-08T10:21:00.000-08:00

SUPPORT: A victory for the small business owners came packaged in HB1142. The bill exempts employers with fewer than 20 employees from payment of the Skills 2016 Traning Fund assessments. The program, never utilized by these small businesses, previously required them to pay an assessment and file additional paperwork with the state. Apparently 45 Democrats like the idea of the government stealing from these small business owners as the vote barely passed out of the House in a party line vote, 51-45.

STATUS: Passed out of House. Referred to Senate Committee on Pensions and Labor. Sen. Young sponsoring.

HB1113 -- Obesity Liability Protection

2006-02-08T10:04:00.000-08:00

SUPPORT: Rep. Ralph Foley has impressed us yet again. Foley authored HB1113 which grants immunity from civil liability for those in the food and beverage industry if they are faced with a claim concerning weight gain, obesity or a health condition associated with weight gain or obesity that likely resulted from the long term consumption of certain foods or beverages. Legislating personal accountability? It's a shame we have to go there, but it's nice to see our legislators providing some common sense shield to potential nusiance lawsuits.

STATUS: Passed House 76-21. Assigned to Senate Committee on Corrections, Criminal and Civil Matters, Sen. Bray sponsoring.

SB127 -- Campaign Finance Reform

2006-02-07T08:34:00.000-08:00

OPPOSE: This bill essentially protects incumbents from open speech and fair criticism. The fact that the Senate passed this 50-0 should scare everyone of us. The bill no longer allows a related group of individuals to form a political action committee. It also provides for increased paperwork requirements for an individual or group with deep pockets who would like to point out the misbehavior of our elected officials. I guess if you can't stifle free speech, why not bureaucratize it?

STATUS: Passed Senate 50-0. Referred to House Committee on Elections and Apportionment.

SB117 -- Workplace Incentives for Curbing Tobacco Use

2006-02-07T08:13:00.000-08:00

SUPPORT: What's amazing is we need a bill in our General Assembly to state that an employer is allowed to offer financial incentives to employees as an enticement to stop smoking. While it's crazy we would need the government to allow something that just makes sense, so long as it's necessary, we support it. Private incentives to stop versus prohibition of a legal substance? We choose incentives every time.

STATUS: Passed out of Senate. Sponsored by Rep. T. Brown in House. Assigned to Committee on Employment and Labor.