1/18/05 – HOUSE BILLS ON SECOND READING
On Third Reading:
SENATE BILLS ON SECOND READING
Union County Treasurer Steps Down for lack of bond
As covered much more fully over at Kemplog the Union County Treasurer has been unable to get a bond which she is required to do to take office. Because of a bankruptcy she and her husband filed two years ago, she is apparently unable to find a bonding company to post the $225,000 bond she has to have to take office. Today, hte Palladium-Item is reporting that she has decided to resign her position. Union County Republicans will select her replacement. Hopefully the party of personal responsibility will choose someone who hasn’t stiffed their creditors.
According to the docket of Case No. 03-11663-AJM-13 filed in the U.S. Bankruptcy Court for the Southern District of Indiana, the Thibauts filed a Chapter 7 bankruptcy on June 24, 2003. That was converted to a Chapter 13 in October, 2003. An interesting development which may or may not have affected insurers or financial institutions’ willingness to post bond was the Debtors’ Motion to Avoid Union County Banks’ lien on something. Unfortunately, the Southern District is inferior to the Northern District with respect to the availability of documents online, so I don’t really know what that is about.
When I’ve been involved with such things, what usually happens is that my client has a judgment against a debtor who files bankruptcy. That judgment acts as a lien against property in the county. When a debtor files bankruptcy, their house usually has a mortgage which has priority over my judgment lien. They also get an exemption ($7,500 I believe). So, if Mortgage + Exemption > Value of Real Estate, then my judgment lien is impairing their exemption and they are entitled to avoid the judgment lien. Like I said, I don’t know the specifics of the Thibaut case, but Union County Bank objected to the Thibauts’ Motion but then apparently failed to show for the hearing and so they got out from under the lien.
According to the claims register of the bankruptcy court, creditors claimed $422,000 in debt which was apparently $317,000 secured and $104,000 unsecured. Looks to be a fair amount of credit card debt and Union County Nat’l Bank looks to be mostly secured but with at least $84,000 in unsecured debt. Chapter 13 plans usually manage to pay off secured debt and then leave unsecured creditors with next to nothing.
Lessig against Copyright Extension for Existing Works
Wired: Lessig on Copyright Extensions: Lawrence Lessig makes the sensible argument that the public gains nothing from the extension of copyright for existing works. (When granting Congress the power to confer intellectual property rights, the Framers envisioned the incentive of a limited period of exclusive rights as a means to induce authors and scientists to create works that would ultimately enter the public domain.) After the works are created, an extension offers no extra inducement for the creation of past works.
Daniels appoints Clay County Judge to head Gaming Commission
Riverboats and lottery get new overseers Maybe I’m just biased in favor of judges, but at first glance, this seems like a good appointment. Daniels is appointing Clay County judge Ernest Yelton to head the Indiana Gaming Commission.
HB 1004 – Tax Amnesty Bill passed on 1/11/05
House Bill 1004 the Tax Amnesty Bill (or Cheater’s Rights Bill) allowing payment of overdue taxes without penalties or interest passed the House 61-36. on January 11, 2005.
Indianapolis businessman becomes Daniels Adviser
Local businessman becomes Daniels’ adviser:
An Indianapolis businessman who has pushed for school efficiency and accountability has been appointed Gov. Mitch Daniels’ senior adviser on education and employment issues. David Shane, president and chief operating officer of LDI Ltd., will take a leave of absence to join Daniels’ team.
All I can say is that it’s about time Mitch got some input from Indianapolis businessmen.
SB 163 – Furniture produced by inmates
Introduced Version, Senate Bill 0163 This bill, as mentioned earlier, provided that furniture manufactured by inmates can only be sold to government entities. Other items can be sold on the open market. It went to committee and was amended to refer only to wooden furniture and to allow sale to institutions of higher education. Good to know that Purdue can buy wooden prison furniture.
SB 279 – Environmental permit applications
Introduced Version, Senate Bill 0279 I’d love to know the backstory on this bill. According to the LSA digest:
Environmental permit applications. Eliminates: (1) the good character requirements for applications for permits for solid waste and hazardous waste facilities; and (2) the local or regional need demonstration requirement for applications for permits for solid waste facilities.
Seems like good character in our solid & hazardous waste operators and having a local or regional need for such facilities is a good idea. We wouldn’t want to become the dumping ground of the country, particularly if such dumping grounds are being run by crooks. But, quite likely, I’m missing the point. This is up for hearing before the Senate Energy and Environmental Affairs Committee on January 18, 2005 upon recess of the Senate in Room 233.
HB 1029 (as printed 1/11/05) – In God We Trust License Plate
House Bill 1029: HB 1029 creating an “In God We Trust” license plate cleared second reading. We’re up to at least 30 statutory license plates. I think there are some plates created by BMV rule, but I could be wrong about that. Current plates:
1. Standard plates;
2. prisoner of war license plates;
3. disabled veteran license plates;
4. Purple Heart license plates;
5. Indiana Guard Reserve license plates;
6. license plates for persons with disabilities;
7. amateur radio operator license plates;
8. civic event license plates;
9. environmental license plates;
10. kids first trust license plates;
11. education license plates;
12. drug free Indiana trust license plates;
13. Indiana FFA trust license plates;
14. Indiana firefighter license plates;
15. Indiana food bank trust license plates;
16. Indiana girl scouts trust license plates;
17. Indiana boy scouts trust license plates;
18. Indiana retired armed forces member license plates;
19. Indiana antique car museum trust license plates;
20. D.A.R.E. Indiana trust license plates;
21. Indiana arts trust license plates;
22. Indiana health trust license plates;
23. Indiana mental health trust license plates;
24. Indiana Native American trust license plates;
25. Pearl Harbor survivor license plates;
26. Indiana state educational institution trust license plates;
27. Lewis and Clark bicentennial license plates;
28. Riley Children’s Foundation license plates;
29. special group recognition license plates;
30. Indiana National Guard license plates;
31. In God We Trust License Plates.
Sooner or later, each Hoosier will just have to design their own individual plate.
Daniels administration may withhold 2% of Medicaid payments to providers
Daniels head of FSSA, Mitch Roob says that to manage the budget shortfall, the state government might withhold 2% of Medicaid payments owed to medical providers. Guess that’s one way to balance a budget. I wish I could just unilaterally lop off 2% from what I owe my creditors.
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