Sorry about the title, but to me, just about anything II is Electric Boogaloo. The Evansville Courier Press has a column on steps being taken to merge the Evansville City and the Vanderburgh County government. First, a pro-consolidation faction apparently made a presentation to a legislative study committee. On Wednesday, the county council is expected to adopt a resolution favoring the idea of a county-wide referendum on the issue. The paper stresses that right now the issue is whether the county should be able to decide for itself. The question of whether consolidation is the right move comes later.
Health Finance Commission considering bill prohibiting reproductive assistance for gays, lesbians, and single Hoosiers
Due to technical problems I’ll not bore you with, I do not have a functioning Adobe Acrobat on my home computer, so I can’t link directly to the proposed bill at issue. However, the Health Finance Committee page contains copies of draft legislation, presumably one of the documents labeled “PD” is the draft that Niki Kelly writes about in today’s Fort Wayne Journal Gazette.
Under the draft legislation:
Gays, lesbians and single Hoosiers would be prohibited from using medical science to help have a child.
. . .
the part of the bill raising eyebrows involves assisted reproduction.It defines assisted reproduction as causing pregnancy by means other than sexual intercourse, including intrauterine insemination, donation of an egg, donation of an embryo, in vitro fertilization and transfer of an embryo, and sperm injection.
The bill then requires “intended parents†to be married to each other and specifically says an unmarried person may not be an intended parent.
A doctor can’t begin an assisted reproduction technology procedure that may result in a child’s being born until the intended parents of the child have received a certificate of satisfactory completion of an assessment required under the bill.
. . .
Some of the required information includes the fertility history of the parents, education and employment information, hobbies, personality descriptions, verification of marital status, child care plans, letter of reference and criminal history checks.
A description of the family lifestyle of the intended parents is also required, including individual participation in faith-based or church activities.
The Commission will vote on October 20 on whether to recommend the bill to the Indiana General Assembly.
I think Betty Cockrum of Indiana Planned Parenthood puts it very well, “If we’re going to try to put Indiana on the map, I wouldn’t go this route.”
Update Thanks to Indiana Barrister for the honorable mention and the link to the draft legislation. Analysis of the legislation below the fold.
The draft defines “assisted reproduction” as “a method of causing pregnancy other than sexual intercourse. The term includes intrauterine insemination; donation of an egg; donation of an embryo; in vitro fertilization and transfer of an embryo; and intracytoplasmic sperm injection.
It defines “intended parents” as parents who enter into an agreement providing that they will be the parents of a child born by means of assisted reproduction or by means of assisted reproduction to a gestational mother. Parents are intended parents even if neither parent has a genetic relationship with the child. The term does not include an unmarried person. (Emphasis added.)
The proposed law applies to a child conceived by assisted reproduction as defined above unless the child is conceived by sexual intercourse, conceived by assisted reproduction where the “intended parents” are the sperm donor and the egg donor (keep in mind that an unmarried person does not qualify as an “intended parent”), conceived by a gestational carrier, or conceived by surrogacy.
A physician or individual who proceeds with giving or obtaining reproductive assistance in violation of this law faces 6 months in jail and/or a $1,000 fine. A person who makes a false statement in violation of the law faces a 1 year sentence and a $5,000 fine.
I don’t know. Doesn’t sound like limited government to me. More like government small enough to fit into your bedroom.
I understand that our state legislators would prefer if every child was born into the perfect family. However, I see no reason to subject barren women (and those who love them but don’t want to marry them) to heightened standards simply because they have difficulty conceiving. Meanwhile, fertile, round heeled, trailer-trash girls can go around copulating with anything that moves, popping out kids willy-nilly without a whiff of state interference. Doesn’t sound like equal protection of the laws to me.
Mier’s S.Ct. nomination
George Bush nominated Harriet Miers to fill Sandra Day O’Connor’s spot on the Supreme Court. Whereas I was cautiously optimistic about the Roberts’ nomination, I am less optimistic based on what little I know about Miers. It’s not that I think Miers necessarily has some kind of rabid judicial philosophy with which I disagree. It’s that the only thing that apparently distinguishes her legal career was that she latched on tightly to George Bush. Take away accomplishments related to her association with Bush, and I think you have a fairly run-of-the-mill to above average legal career. Certainly nothing that makes her stand out as a natural choice for the Supreme Court.
Now, if Bush had done this for someone not associated with him, I’d be a little excited. Getting a practicing civil litigator on the bench might add a dose of reality-based thinking to the Court. But, as it stands, it looks like another example of Bush favoring cronyism over competence. “Brownie, you’re doing a heckuva job.”
I’d look for a fervent pro-executive branch streak for the next 3 years; a pretty knee-jerk pro-corporate streak for 10 years, and then she’ll drift to the left once she hits 70.
All of this is based on about 20 minutes of reading and reflection. On top of that, I’ve been running a fever for the past couple of days making my brain more addled than usual. So this bit of rumination is worth exactly what you paid for it.
If you must lie, lie about something good
Niki Kelly reports on the Daniels administration, specifically IDEM, getting caught in a little PR fib.
“The Indiana Department of Environmental Management has unclogged a bottleneck of enforcement cases that have been unresolved for two or more years. Many of the previously unresolved cases inherited by the new Daniels Administration were settled with an amicable agreement between IDEM and the responsible parties.†Later in the statement, 90 resolved cases were mentioned.
This quote was rehashed in press statements a couple of times in July as well. So, the Sierra Club says tell us which cases. IDEM wasn’t telling. So, the Sierra Club had to take their complaint to the Indiana Office of the Public Access Counselor. When the Public Access Counselor found that IDEM hadn’t complied with the public access laws, IDEM finally produced a list.
The list shows 80 cases settled, 18 dismissed and 10 in which orders were issued because no resolution could be found.
Of the 98 resolved either through settlement or dismissal, 50 are from 2005 and 2004. Forty-eight were from 2003 or before – and even some of those could technically fall within the two years depending on what month they were filed.
90 cases became less than 50. Not a matter of huge importance. Just a dumb lie. If they’re willing to mislead the public about something trivial, matters of more consequence become suspect. Maybe it was an honest mistake, but I’ll bet most of these sorts of mistakes tend to err on the side of puffing up the accomplishments of the administration.
Court of Appeals False Imprisonment Case
The Indiana Court of Appeals decided the case of Appellate Opinions” href=”http://www.ai.org/judiciary/opinions/pdf/09300511pdm.pdf”>Row v. Holt (pdf) which involved appeal from a grant of summary judgment to a police officer on a civil claim for false arrest and imprisonment. The case involved investigation of an altercation between two sides that had been at each other for awhile. During the altercation, the Plaintiff admittedly shoved the “victim” — but there is a good chance the shove could have been retaliatory in nature. The victim filled out an affidavit of battery with bodily injury and the officer arrested the Plaintiff after going over to the Plaintiff’s residence and speaking with him but without much in the way of further investigation. I only read it once, and quickly at that, but the Court of Appeals seems to be holding that because there is some doubt about whether the Plaintiff or the “victim” was telling the truth and because the police officer arrested the Plaintiff essentially on nothing more than the sworn, yet self-serving, statement of the “victim,” there was a material question of fact as to whether the police officer had probably cause to make the arrest. I tend to agree with the dissent that this decision encourages a whole lot of second guessing of police officers who have to make these decisions based on spotty information.
As for the police, I suppose that if in doubt, they should do nothing. If the situation escalates and someone gets killed, the police probably aren’t liable. But, if they act quickly but based on imperfect information, there is a good chance they’ll have to roll the dice with a jury to see whether, with the benefit of hindsight, the jury thinks the police officer made the correct decision.
Another Indiana Blog
Northeastern Indiana blogs seem to be cropping up at a fierce pace lately. The latest I’ve seen is Indiana Parley. It describes itself as “A place for public policy, politics, the history, and the future of Indiana.” It allows comments, the tone seems reasonable, and the writing is good. The main question is staying power. Good luck!
Anti-Hostettler Robo-Calls: True but annoying?
Thomas Langhorne for the Evansville Courier Press reports that a recorded telephone call is being made to Evansville residents which is critical of Hostettler’s support of indicted former House Majority Leader Tom DeLay.
The caller characterizes DeLay as Hostettler’s “close associate and political ally” and says DeLay has been “indicted on felony conspiracy charges for campaign money laundering.”
The indictment against DeLay accuses him of conspiring with two co-defendants to make a political contribution in violation of Texas state law, which outlaws corporate contributions.
Hostettler, the caller says, has “voted twice to shield Tom DeLay from investigation.” The caller provides no further details.
After giving the phone number of Hostettler’s district office in Covington, Ind., the caller urges listeners to “tell (Hostettler) to stop protecting Tom DeLay and demand DeLay’s immediate resignation from Congress.”
“Let’s cut out the cancer of corruption in Congress,” the caller says.
The Vanderburgh County Democratic Party and Hostettler’s likely Democratic opponent, Sheriff Brad Ellsworth apparently were not involved in making the calls. Similar calls were made for other candidates across the country.
The article does not say whether the allegations made in the telephone call are true or false.
Marion Chronicle Tribune Time Zone Fiat
The Marion Chronicle Tribune had a time zone editorial yesterday. They suggest that the legislature’s recent action concerning Daylight Saving Time didn’t solve the indecision, bickering, and confusion about Indiana’s time. Nevermind the premise which ignores the possibility that things worked well enough how they were. The paper is correct that the legislature’s actions have made things worse.
Unfortunately, the editorial goes on to make an extremely questionable assertion without bothering to provide anything resembling an explanation.
Now, according to news reports, 19 counties have asked to join the 10 counties already on Central time, meaning 63 counties would be on Eastern time while 29 – almost twice as many as before – would be on Central.
The phrase “patchwork quilt” has been used to describe the plan, and it is fitting.
As much of Indiana as possible should be on the same time, and it appears Eastern Time is preferable.
Gov. Mitch Daniels probably went into this whole thing thinking it would end confusion. It doesn’t appear that’s happening. To prevent more of a kerfuffle, Daniels should exert his leadership more than he has on this issue.
He could work on county officials to persuade or convince them to drop their Central time requests.
“It appears Eastern Time is preferable.” Why? I know others have made arguments. Some are even valid. But the Marion Chronicle Tribune feels no need to explain itself. “The Chronicle Tribune said it. I believe it. That settles it. Apparently, that’s how a discerning reader is supposed to react.” Whoever the editorial writer is appears to have absolutely no recognition that the western part of the state exists except insofar as he or she feels it necessary to have Governor Daniels impose his or her time zone preference on the rest of the state.
I tend to think the whole state should be in one time zone. I tend to think that Central Time is the better time zone. The fact is that currently for about 7 months out of the year, the entire state — except for those few counties that currently observe Eastern Daylight Time illegally — is already on Central Daylight Time (functionally if not technically). But I’m not oblivious to the arguments on behalf of Eastern Daylight Time.
Update – Just reading through some recent docket entries, I see the Juday Creek Golf Course (pdf) was kind enough to provide the USDOT with “the accurate unbiased facts as they relate to St. Joseph County Indiana.” Very decent of them. But, it seems to me, if a golf course owner is unbiased, then she is an idiot. Of course a golf course owner should want Eastern Daylight Time. It gives them an extra hour of golf. Be biased. Go for the money. And, of course she is. She wants EDT. But the claim that she isn’t biased is laughable.
Fort Wayne Libertarian Mike Sylvester
Added to the blogroll, reader and occasional commenter, Fort Wayne Libertarian Mike Sylvester. Today’s installment, a proposed tax hike by the Northwest Allen County School Board.
Mr. Furious on the Bankruptcy “Reform” Bill
Mr. Furious has an inspired rant on the topic of the odious bankruptcy “reform” bill that finally passed Congress last April. (The thing had died more deaths than Rasputin). In particular, his wrath is directed at those relatively few Democrats who voted for the bill, creating a figleaf of bipartisanship, most notably Joe Biden (D-MBNA).
…no one had the victims of Hurricane Katrina in mind…â€
Bullshit. For the NY Times to pull a Bush “no one cold of imagined this…” is absolutely, fucking outrageous.
Perhaps they didn’t know what the name of the hurricane would be, but plenty of people had exactly this kind of scenario in mind when tring to stop this odious piece of corporate shit legislation. Natural disasters and a whole host of other unfortunate situations beyond the contol of people in financial straits are now meaningless, and those folks are shit out of luck.
Hurricane swept away your life? Tough. Guard or Reserve family decimated by the breadwinner being deployed in Iraq for nineteen months? Thanks for your sacrifice, get lost. Giant medical bills because you left a goddamn leg in Fallujah? Too fucking bad. You had cancer and had to stop working? Cry me a river. Someone stole your identity from a negligent credit company and ruined your life? Hope you can work that out…
Go check it out. Excellent stuff.
I’m a collection attorney, not notably all warm and fuzzy on the subject of how people got into debt in the first place. My primary concern is more practical. Maybe the difference is the sorts of debts I pursue, but it is very, very rare that someone I’m chasing has any significant income or assets but gets off the hook by filing Chapter 7. I wonder if the folks pushing this law have actually run the numbers to figure out if they’ll make any more money because of it. Or maybe it was some higher-up with no clue how things look on the ground who just takes as a matter of faith that if you make more people pay into a Chapter 13 plan, you’ll collect more on your particular debt. As a theoretical matter, it certainly sounds logical. But, just from my perspective, it doesn’t seem like there is any more money to wring out of these folks. You’ll probably be forcing more people into the social safety net, such as it is. Not to mention, the failure rate of Chapter 13s are pretty significant as it is. That is only going to increase. So, you’ll have a lot of time and money wasted getting these Chapter 13s started only to have the bankruptcy dismissed with no discharge, putting the debtors and creditors back in the same position as before the bankruptcy was filed.
I also tend to think that the bankruptcy law will make the next recession tougher to shake off. Your typical small business owner has to sign personal guarantees for any credit extended to his business. Recession comes. Business goes under. Business owner is on the hook for the business debts. Now, instead of being able to get a fresh start after a few months through a Chapter 7, he’ll have the anvil of a Chapter 13 hanging around his neck for 5 years. There are probably going to be a lot of entrepreneurial types alongside the genuine deadbeats in Chapter 13 plans.
Anyway, Mr. Furious is much more entertaining on the subject.
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