Bills up for Third Reading Today - A Citizen's Guide to Indiana

HOUSE BILLS ON THIRD READING 1/24/05:

House Bill 1033: Makes the environmental quality service council (EQSC) permanent. Requires the
EQSC to study issues concerning energy matters, including investigating methods to increase research, development, production, and use of alternative fuels. Passed 94-0.

HB 1056: Provides that the certified food handler requirements do not apply to food provided by an area agency on aging’s nutrition service program or by a food pantry. Provides that certain nonprofit organizations that offer food for sale at an event held for the benefit of the organization are not required to use certified food handlers. Passed 95-0.

HB 1069: Home and community based services. This was a bill drafted by the Administrative Rules Oversight Committee voiding current rules of the Division of Disability, Aging, and Rehabilitative Services pertaining to home and community based services. and requiring the division to adopt new rules following certain criteria. One requirement I find interesting is the requirement that the division respond to any comment made during the rulemaking process. This bill was listed for Third Reading today but its status hadn’t been updated. So, either it got called to the floor late or did not come up for a vote for some reason.

HB 1130: Establishes procedures for legal actions that involve state liens or other encumbrances on real property when the state elects not to respond. I’m not quite sure what this bill does, exactly. It sets forth the sort of notice that has to be given to the state when someone is taking an action against property against which the state has a lien. But, aside from that it says, on the one hand that if the state fails to respond, it can’t be defaulted, but its rights to the property can be extinguished unless a court explicitly recognizes the state’s rights. The court is permitted but not required to do so. Unless I’m missing some nuance, this describes what happens when any other lienholder doesn’t respond to a complaint to foreclose on a lien. The Plaintiff won’t get a judgment against you, except to say that they don’t have to deal with your rights to the property. But, a judge can recognize your lien in its order of priorty. As a practical matter, the court isn’t likely to make the effort if the lienholder can’t be bothered to respond. Anyway, this bill passed 96-0.

HB 1153 A voluminous bill amending probate, trust, and inheritance matters. Prepared by the probate code study committee. Out of my league. Passed 97-0.

HB 1159 Requires a law enforcement agency that receives a notification from certain individuals concerning a missing endangered senior to prepare and forward a report concerning the missing endangered senior within five hours to: (1) other law enforcement agencies; (2) the National Crime Information Center; (3) the data and communication system; and (4) broadcasters in the area where the missing abandoned senior may be located. Allows a law enforcement agency to forward the report to a newspaper. Provides civil immunity to a broadcaster or newspaper that broadcasts or publishes a senior medical alert. Passed 96-0. So, I guess this an Amber Alert for seniors?

SENATE BILLS ON THIRD READING

SB 98: Permits a judge to order execution of all or part of a probationer’s suspended sentence if the probationer violates a condition of probation. (Current law only permits the court to order execution of all of the probationer’s suspended sentence.) (The introduced version of this bill was approved by the sentencing policy study committee.) No updated voting information available on this one. Either: 1) The Senate voted late; 2) This bill did not come up for a vote despite the schedule; or 3) The Senate does not update their bill information as quickly as the House.

SB 117: Provides that a person who: (1) checks an item to be transported on a commercial passenger airline knowing the item contains a dangerous device; and (2) knowingly or intentionally fails to disclose to the airline that the item contains a dangerous device; commits undisclosed transport of a dangerous device, a Class A misdemeanor. Permits a law enforcement officer to arrest a person if the officer has probable cause to believe that a person has committed undisclosed transport of a dangerous device.

Leave a Reply Cancel reply