If HB 1042 becomes law, I predict an increase in vendors of “neck massagers.” Passing the House by a margin of 88 to 5, the law regulates people and businesses selling “sexually explicit materials, products, or services.” At its broadest extent such materials, products or services are defined as those designed for use in sadism, masochism, or the stimulation of human genitals.

To sell such products, you have to register with the secretary of state and list the products or services. The secretary of state is then required to notify the county commissioners, the mayor (if in a city), and all zoning boards with jurisdiction. If you sell such things without having registered, you have committed a Class B misdemeanor.

I don’t know, does Borders sell BDSM for Dummys? Will they have to register? If Wal-Mart suspects that not all of those ladies buying the Hitachi Magic Wand have sore necks, will it have to register?

HB 1036 is a pretty hard hitting piece of legislation designed to make sure that operators of motor vehicles have insurance. It just passed the House by a vote of 91 to 1.

Basically, if you get convicted of a moving traffic offense – speeding, whatever – the court is supposed to require you to provide proof to the BMV that you had insurance. At least that’s the way I read it. The bill has a somewhat confusing reference that seems to say you have to prove you had financial responsibility in the same manner required for a person in an accident under IC 9-26-1. Trouble is, under that chapter, I didn’t see any mechanism by which a person was supposed to show proof of financial responsibility to the BMV. If the person doesn’t provide the proof of insurance to the BMV, the court is supposed to suspend the person’s “license, registration, or both.”

The BMV is also supposed to generate a “previously uninsured” list of those people convicted of operating without financial responsibility. It’s also supposed to do random checks of people on the list to make sure they have insurance. A person stays on the list for five years.

Narrowly passing the House, by a vote of 53 – 44, was HB 1090, authored by Rep. Dvorak. It requires the state of Indiana to become a member of and participate in the climate registry concerning greenhouse gas emissions reporting and reduction. The first time through, this bill actually failed for lack of a constitutional majority (receiving only 50 votes).

Rep. Eric Turner (R-Marion) and Eric Miller (R-Eric Miller) killed the Governor’s tax cap legislation in the House. HJR 1 would have amended the Indiana Constitution to permit the Governor’s plan of imposing disparate circuit breakers on property taxes – 1% for owner occupied residential; 2% for other residential; and 3% for other sorts of property. Rep. Turner filed an amendment that would’ve jammed the anti-gay marriage amendment into the property tax amendment.

Got that? Gay marriage and property taxes — go together like fish and bicycles.

Turner apparently refused to remove his amendment. And Turner isn’t just some rogue wingnut. House Minority Leader Brian Bosma apparently approved of trying to combine gay marriage and property taxes. Just ridiculous. Even though I don’t particularly like the idea of amending the Constitution based solely on the property tax calculations of the moment, I can’t fathom making such a fetish out of homosexuality that I’d deliberately spike rational tax legislation over it.

Advance Indiana has a good bit more.

HB 1292 provides a purchasing preference for Indiana & U.S. flags manufactured in the United States with respect to such flags purchased by state or local government.

Again, I have no particular problem with the legislation. But, still, FLAGS!

A flag bill is kind of like Mr. Miyagi’s crane technique: “If done properly, no can defend.” Maybe the social conservatives could arrange to have the official version of the Indiana Constitution written on a flag and then propose an amendment to our new flag-constitution that banned gay marriage. Nobody could vote against *that*.

Apparently Gov. Daniels tried to sell his local government consolidation proposal to the Association of Indiana Counties. Not the friendliest crowd. First, it’s their oxen being gored by the proposals. But, perhaps more importantly, they have to be pissed at the Governor for continuously insisting that out of control local government spending is the cause of the recent property tax troubles.

Lest the propaganda get ahead of the truth, it bears repeating — the property tax situation is not the fault of local government. Only about 6% of the average 24% increase in property taxes is attributable to local government.

We got into this mess for a few reasons:
1. The Supreme Court threw out the old assessment rules which went easy on residential properties (particularly older residential properties) and shifted the burden to businesses. The Supreme Court’s order had the effect of shifting some of the burden from businesses to residential properties.

2. Elimination of the inventory tax. Again, a tax shift from business to residential property owners.

3. Trending. New trending rules were imposed that made residential properties play catch up in their assessment values. Again, an effective shift from businesses (that were already trending) to residential properties.

4. Shift from State to Local Government. The State had been effectively reducing property taxes on residential properties through tax credits. In 2005, it decided to balance the State budget by reducing those tax credits; balancing its budget on the backs of local government. Higher property taxes.

5. Increase in levies by local taxing units. This is the 6% part of the 24% average increase.

SB 150 is an interesting bill. It allows a physical therapist to evaluate a patient without a referral. However, before the therapist may “treat” the patient, the therapist has to contact the doctor and get a referral.

It appears that the chiropractors got themselves an amendment to the bill. As amended, the physical therapists are not allowed to perform a spinal adjustment as part of their therapy unless they have specified training. Seems like that amendment wouldn’t be necessary if spinal adjustments were already beyond the scope of physical therapists treatment options.

SB 56 passed the Senate 47 to 0. It requires United States and state flags on the state capitol to be flown at half-staff for 24 consecutive hours within 30 days of the service related death of an Indiana resident who is a member of the armed forces of the United States or the Indiana National Guard.

I’m just surprised at how often I get to write about Flags! when covering the General Assembly. Who can blame legislators though – you can look like you’re doing something with respect to an emotional situation — flags are pretty much always about emotion — in such a way that you can be pretty sure your fellow legislators won’t vote against you.