The Indiana Judicial Center has a blog for providing legislative updates. For example, on January 12, they posted an update on Family & Juvenile Law. I’m just going to paste the whole entry to give you a look at what kind of information it provides:

The Senate Judiciary Committee heard SB 17, introduced by Sen. Steele, which would create an interim study committee on Title IV-D and child support. The bill calls for the first meeting of the interim committee in June, in conjunction with the Annual Meeting of Indiana’s Support Enforcement Association. Sen. Steele also offered an amendment, which would require representation of Title IV-D prosecutors on the existing Child Custody and Support Advisory Committee. The Committee discussed: a case where the payee of child support was changed without notice to the support obligor, the jurisdiction of Title IV-D courts, use of administrative law judges, the interrelationship between child support and parenting time, contempt in child support cases, and use of Title IV-D in paternity cases. Sen. Bray assigned the bill to a committee with Sen. Steele, Chair, Sen. Ford, and Sen. Lanane to get the bill into final form and bring it back to the Committee next week.

The Senate Judiciary Committee also heard SB 12, concerning legal separation. Its author, Sen. Steele, reported a problem concerning the start of the one-year period of legal separation. Committee members amended the proposed legislation to provide the one-year period of legal separation should begin when a separation agreement is filed, if the court does not issue an order and there is not a contested hearing. The bill passed as amended 8-0.

House Bill 1197 Reps. Pflum & Saunders:

Prohibits construction of a confined feeding operation (CFO) within two miles of a school or a municipality. Permits application to land of manure generated by a CFO only by incorporation or injection. Requires certification of applicators of manure generated by a CFO.

More commentary on this bill at WAHM Diary, which was once the diary of a Work at Home Mom (WAHM), but took on a decidedly more CAFO-centric focus when one was built about 2,500 feet from her home. (Also, as always, for those interested in following CAFO developments, check out Kemplog.)

[tags]HB1197-2007, CAFO[/tags]

Senate Bill 0396 Immunity for emergency vehicle operators. Sen. Weatherwax:

Provides a governmental entity or an employee acting within the scope of the employee’s employment immunity from a loss resulting from the operation of an authorized emergency vehicle under certain circumstances.

This seems pretty clearly to be an attempt to override the Supreme Court’s holding in City of Indianapolis v. Garman and Patrick v. Miresso involving injuries to third parties during high speed chases where the police are trying to apprehend a criminal. The Indiana Tort Claims Act immunizes governmental employees attempting to enforce the law. (IC 34-13-3-3) The Supreme Court held that the law enforcement immunity is limited by another statute (IC 9-21-1-8) requiring drivers of emergency vehicles to drive with due regard for the safety of all persons.

At the time, I suggested that the Court of Appeals (and therefore, subsequently, the Supreme Court) got it wrong because immunity analysis assumes negligence. So, a statute stating that one shouldn’t act negligently should do nothing to abrogate immunity.

Sen. Weatherwax’s bill would make explicit that the statutory duty of an emergency driver to drive with due regard for the safety of all persons does not abrogate a governmental entity’s tort claim immunity. The bill would go a bit further and offer immunity to all emergency vehicle operators using sirens or lights unless the vehicle operation constituted willful or wanton misconduct.

[tags]SB396-2007, immunity, law enforcement[/tags]

Senate Bill 0354 Civil action for unfair claim settlement practices. Sen. Waterman. “Allows a person to file a civil action for damages related to an unfair claims settlement practice. Specifies the manner in which payment of certain damages must be made.”

Current law already specifies a laundry list of unfair claim settlement practices by insurance companies, including misrepresenting pertinent facts, failing to act promptly with respect to claims, refusing to pay claims without conducting a reasonable investigation, and forcing insureds to litigate by making low-ball offers. However, I believe this provision can currently only be enforced by the Department of Insurance. Under this legislation, an individual who suffers a pecuniary loss because of one or more of these practices would be able to bring a lawsuit directly against the insurer. The person can be awarded up to 2x the amount actually lost plus costs and attorney’s fees. Of the amount awarded above the actual loss, 75% would go to the plaintiff and the remaining 25% would go to the violent crime victims compensation fund.

I sympathize with the sentiment — having dealt with a couple of high risk motor vehicle insurance carriers that always low-ball you and always offer up the sketchiest liability defenses. However, if this passes, pretty much every lawsuit involving insurance will have an additional claim alleging an unfair claims settlement practice. It’d almost be malpractice for a plaintiff’s lawyer not to make the allegation any time the insurer offers anything less than the policy limits.

[tags]SB354-2007, insurance[/tags]

SB 299 Assessed value of homesteads. Sen. Mrvan:

Provides, for assessment dates after February 29, 2008, that the assessed value of a homestead that changes ownership in the preceding year is the sale price of the homestead. Limits the annual increase in the assessed value of a homestead that results from trending to the lesser of 3% or the percentage change in the consumer price index.

[tags]SB299-2007, taxation[/tags]

Senate Bill 0286 Environmental crimes. Sen. Kenley:

Makes violation of certain environmental statutes or permits a Class D felony if the violation proximately results in specified harm. Requires a court to consider any improper economic benefit received by a defendant, including unjust enrichment, in determining the level of fine to impose. Provides that a person who makes a material misstatement in an application for a permit or for certain forms of financial assistance commits a Class A misdemeanor. Makes falsifying certain data or interfering with monitoring devices a Class A misdemeanor. Makes poisoning a water supply or tampering with a water supply with intent to cause serious bodily injury a Class B felony. Permits a prosecuting attorney to appoint the attorney general or a deputy attorney general as a special deputy prosecuting attorney to assist in criminal proceedings related to a violation of environmental law.

[tags]SB286-2007, environment[/tags]

House Joint Resolution 8 Term of office of county sheriff. Rep. Torr. This Constitutional amendment would lengthen the term of office of a county sheriff from 4 years to 6 years. The Sheriff would not be allowed to serve more than 12 years in any 18 year period. (Currently, the Sheriff like the Clerk, Auditor, Recorder, Treasurer, or Coroner is limited to 8 years of service in any 12 year period.) As a transitional matter, any sheriff elected in 2008 would serve until 2015 and any sheriff elected in 2010 would serve until 2017.

I guess I don’t have any burning opposition to this, but I also don’t see any burning need that requires us monkeying around with the Constitution. Anybody know what the impetus for this is?

House Bill 1279 – Zoning and Confined Feeding Operations. Rep. Lutz:

Requires a person that wishes to construct a confined feeding operation or a concentrated animal feeding operation in a county that zones to obtain all approvals to construct the operation required under applicable zoning ordinances or other zoning laws applicable in the county in which the operation would be located.

Current statutes apparently only require a confined feeding operation (CAFO) to get the approval of the Department of Environmental Management before it begins construction. Obtaining a National Pollutant Discharge Elimination System permit (apparently a federal EPA permit) satisfies this requirement. The proposed legislation would require a CAFO to also obtain all approvals under applicable zoning ordinances. The zoning process would have to be completed before applying to IDEM.

For all things CAFO, I would recommend that readers head over to Kemplog.

[tags]HB1279-2007, CAFO, zoning, local government[/tags]