A Citizen's Guide to Indiana

HB 1098 has been signed into law and requires the interim study committee on insurance to study the economic impact of uninsured drivers in Indiana, and possible solutions, including insurance verification processes; coverage restrictions; and fines.

It’s been awhile since I had to deal with uninsured motorists with any regularity. State Farm’s subrogation unit was once a client until the corporation restructured. When a State Farm insured would get hit by an uninsured motorist, State Farm would pay for the damage under the insured’s UI coverage. They would then become “subrogated” to their insured; basically step into the shoes of their insured and acquire rights against the tortfeasor. They would then try to collect from the uninsured motorist and, if unsuccessful, farm it out to guys like me to go sue. One good lever we had to collect was the ability to suspend driver’s licenses when they failed to pay a judgment for an uninsured loss for a period of (I think) 90 days after the judgment was entered. The suspension was good for up to 7 years unless they paid up or filed bankruptcy.

SB 226 – Suspension of state and local officeholders has passed the House as a study committee bill as opposed to the more substantive version that passed the Senate. It’s now in conference committee to see if the chambers can work out a compromise.

In its current form, it urges the legislative council to assign to a study committee the issue of the suspension from office of state elected officials and local elected officials who are charged with the commission of a felony. (Judges and Prosecutors are specifically exempted from the bill – on the theory that the Supreme Court can take action in those cases.) The Senate version had put forth a process for suspension.

The problem, I imagine, comes from the tension between a presumption of innocence on one hand, and a desire not to have known felons at the controls of government while the prosecution of the felony grinds along; potentially for a substantial portion of the officeholder’s term.

SB 24 concerning the county extradition and sheriff’s assistance fund has passed both houses and is ready for the Governor’s signature. It changes the name of the county extradition fund to the extradition and sheriff’s assistance fund and expands the uses to which the money may be put.

Money in the fund, both currently and under the terms of the bill, comes from late surrender fees imposed when bail agents and surety’s don’t produce a criminal defendant out on bail when ordered by a court. What the bill changes is that, currently, money in the fund can be used only to offset the costs of extraditing criminal defendants. The bill adds to that permission to use the money to train and equip law enforcement officers in the county and offset the costs of providing law enforcement services.

HB 1093 would add a penalty to the sentence of someone convicted of interfering with or mistreating a law enforcement animal. It would require the person to pay the cost of replacing the animal if the animal is disabled or killed. It also allows the law enforcement agency to apply to the violent crime victims compensation unit for reimbursement of expenses associated with an animal that is killed or disabled.

SB 238 passed the Senate by a vote of 66 – 29. I haven’t read it in full; but generally it allows higher interest rates and charges for consumer loans and credit sales. If you have money, that’s probably good. If you don’t, not so much.

SB 204 alters the conditions under which a not for profit sewage company or regional sewer district may require a property owner to connect to its sewage disposal system. Currently, the company or district may require connection to its sewer system of property producing sewage or similar waste and require the discontinuance of use of a sewage disposal system if there is an available sanitary sewer within three hundred (300) feet of the property line. Under SB 204, which passed the House on a 76 – 16 vote, the 300 foot radius from the property line would be apply where the property is located in Indianapolis, located adjacent to a body of water (including a lake, river, or reservoir), or located in a subdivision or other planned development. For all other properties, the 300 feet would be from the point of discharge.

HB 1082 was signed into law by the Governor. It removes the provision that requires the person whose name appears on a vehicle registration to sign the person’s copy of the registration in ink.

Signatures are interesting. In the legal business, we give them more weight than is probably reasonable. They are a symbol of acknowledgment by the signer. We’re probably getting to where written signatures will be an anachronism. Ideally, to accomplish their purpose, signatures should be unique to the individual “signing” and obtainable only through affirmative (preferably voluntary) action of the signer.

In any event, they’re no longer requires on your copy of the registration.

Also, on the topic of signatures, HB 1394 addresses signatures filed by business entities with the Secretary of State; declaring them sufficient if “the person transmitting and filing the document:(1) has the intent to file the document as evidenced by a symbol executed or adopted by a party with present intention to authenticate the filing; and (2) enters the filing party’s name on the electronic form in a signature box or other place indicated by the secretary of state.”