John Tuohy and Mary Beth Schneider of the Indy Star have more on the Saunders/Jackman hit & run. According to the story, the Henry County Prosecutor’s Office plans to file charges against Andrew Saunders. Still no specific indication of whether alcohol is believed to have been involved. But the story says that he was at the local Elks Lodge for several hours prior to the accident and apparently does not remember what happened that evening.
Indiana Attempts to Legislate Pi Again!
Back in 1897, the Indiana General Assembly attempted to legislate the mathematical value of pi. (See EHB 246-1897). As a consequence, our state was and is the subject of much ridicule. And rightfully so. Ignoring math and science to make life neater is certainly mockable behavior. Well, the General Assembly is at it again. O.k., actually, this time they aren’t legislating pi. Instead, they’re legislating the viability of a fetus. In Indiana, according to HB 1690, a fetus is viable at 20 weeks. No further medical evaluation is required to establish this fact.
Michele McNeil and Rob Schneider of the Indianapolis Star have a story on the General Assembly’s attempt to legislate viability and other efforts to limit the availability of abortions. Apparently when the Fetus Viability Act of 2005 was considered in committee there were many tears and fireworks. The quote of the day came from Vanessa Summers who appears to have been reacting to a saccharine-sweet woman who had self-anointed herself protector of all women. According to the Indy Star article:
And an angry Vanessa Summers, D-Indianapolis, left the hearing after her vote and yelled to an anti-abortion proponent who approached her: “In the name of Jesus, get out of my face,” before threatening to call in Indiana State Police troopers.
The person on the receiving end of Summers’ outburst was Linda Zimmerman, the coordinator for a group of sidewalk peer counselors who stand outside a Fort Wayne abortion clinic. She said she just wanted to talk to Summers, who voted against the bill. “I wanted to give her a hug and tell her that I was trying to protect all women.”
So, the measure is moving on to the House. But, maybe it’ll eventually die in the Senate, just like the Pi Bill did.
SB 368 – Merger of Townships
Merger of townships. Allows township governments to merge upon the adoption of identical resolutions by the township boards (presented to the township boards by the township trustees) and an ordinance by the county legislative body. Allows merged township governments to dissolve the merged government and be reestablished as separate governments upon adoption of an ordinance by the county legislative body.
Passed 45-3.
This could possibly be a good way to save a little bit of money at the local level. Though, I am afraid I don’t have the slightest idea how much money or redundancy is involved in the performance of township duties.
Update Who knew there was so much blogging commentary on Indianatownship government? But there are recent blog entries here, here, and here.
EHB 1004 – Taxpayer Amnesty (Cheater’s Rights)
Engrossed Version, House Bill 1004
Authorizes the department of state revenue to establish a tax amnesty program that provides for the waiver of unpaid interest, penalties, and fees upon payment of unpaid listed taxes during the amnesty period or in conformity with a payment plan established by the department. Doubles the penalty for a taxpayer that is eligible to participate in the amnesty program but fails to participate. Provides certain exceptions. Requires the department of state revenue to provide the legislative council with an assessment of the impact of the tax amnesty program on tax collections and an analysis of the costs of administering the tax amnesty program.
This House bill passed out of the Senate Committee. So, it’s almost home. It occurs to me that there might not be any reason for this bill to be amending the Indiana Code. It amends IC 6-8.1-3-17 by adding a subsection (c) that instructs the Dept. of Revenue to enact a tax amnesty program for a listed tax due and payable before July 1, 2004. Seems like a Noncode provision would have been sufficient. It’s just going to clutter up the Indiana Code until somebody bothers to remove it. In the year 2010, you’re going to have to step over this provision about 2004 taxes when you’re going through that part of the Code.
HB 1403 – Insurance Fraud
Insurance fraud. Establishes the offense of insurance fraud as a Class D felony. Makes the offense a Class C felony if: (1) a person commits a second or subsequent offense; or (2) the value of property, services, or other benefits obtained by a person as a result of the offense or the economic loss suffered by another person as a result of the offense is at least $2,500.
Passed 95 – 1.
HB 1270 – Unauthorized entry or control of a motor vehicle
House Bill 1270 Creates the new crimes of unauthorized entry or control of a motor vehicle, a Class D felony. Essentially, this strikes me as being enhanced conversion which is a Class A misdemeanor. This bill passed the House 70 to 26.
Star Press on Saunders/Jackman hit &run case
The Muncie Star Press is reporting that authorities spoke with Rep. Saunders sons, Andrew and Patrick concerning the hit & run death of Thomas Michael Jackman on February 5. The story didn’t have any additional details about what happened. I summarized what I could find in this entry.
As usual, I find useless, the “man on the street” opinions that local news insists on obtaining. Today, we get to hear from New Castle resident, Charlie Gerth. If there is any connection between Gerth and the Saunders/Jackman incident, it is not identified in the story. Nevertheless, we are treated to Mr. Gerth’s opinion. Opinions, you’ll recall, are like certain body parts in that everbody has one:
No charges have been filed yet, though a decision on charges is expected this week, Edwards said.
That’s not a moment too soon for New Castle resident Charlie Gerth. He thinks the time is up on this investigation, and said he’s “amazed how they give (Rep. Saunders) almost a week” before his son talked to authorities.
“If it had been you or me, our butt would be in the slammer,” Gerth said.
Gerth said he knows others are complaining too, but he plans to do more than just that. At least, he wants to take his complaints to the next level – directly to Gov. Mitch Daniels.
Though Saunders and Daniels both are Republicans, Gerth said he thinks complaining to the governor will at least turn some heads.
Indy Star on Ways & Means Budget Approval
Mary Beth Schneider has an article in the Indy Star entitled, House panel OKs budget with no plan to raise taxes. The headline covers the jist of the story. The story mentions that Governor Daniels proposal to impose a one-time additional tax on those making more than $100k may not be dead, it may come up in the Senate. Rep. Bill Crawford was also described as deadset against the budget bill, on which he voted no, because of cuts to school funding. The House Ways & Means Committee passed the bill on a party line vote 15 to 10.
House Bills for 2/15/05
Allows a person registering a vehicle to donate at least $1 to be placed in a special account for grants to units of local governments to purchase fire equipment for volunteer fire departments. Provides that an emergency medical dispatch agency does not have to be certified by the emergency medical services commission as an emergency medical dispatch agency until July 1, 2006.
Requires state and local law enforcement agencies to issue annually to their retired law enforcement officers a photographic identification. Allows a retiring member of the arson division of the office of the state fire marshal to retain the member’s service weapon and requires the office to issue the retiring member a badge and an identification card. Requires a retired law enforcement officer who carries a concealed firearm under federal law to obtain annually, at the officer’s expense, an endorsement or certification that the officer meets the training and qualification standards to carry that type of firearm. Provides that an entity that provides the endorsement or certification is immune from civil or criminal liability for providing the endorsement or certification.
Prohibits a private employer from disciplining an employee who is a volunteer firefighter or a member of a volunteer emergency medical services association for being late to work when the employee is responding to a fire or an emergency call. Authorizes a private employer to: (1) request proof that the employee was engaged in fire or emergency activity when absent; and (2) require the employee to notify the employer of the expected absence before the scheduled start time. Provides that an employer other than the state is not required to pay salary or wages for volunteer firefighting time away from employment, although other accrued benefit remuneration may be paid. Provides that an employer may designate an employee as an essential employee and reject the employee’s notification of expected absence. Specifies that the agent of a public employer other than the state who has authorized an absence for volunteer firefighting purposes has not committed ghost employment. Makes a conforming change regarding the statute of limitations for an action brought by a volunteer firefighter against a political subdivision employer disciplined for being absent from employment while responding to an emergency.
Suspends enforcement by the fire prevention and building safety commission of, and requires the office of the state fire marshal to recommend amendments to, certain sections of the international fire code concerning tents and cooking and open flames.
Allows a private university to purchase coverage from the special death benefit fund for all firefighters employed by the university, including firefighters employed by the university who died in the line of duty after June 30, 2004, and before July 1, 2005. Allows a private university, college, or junior college to purchase coverage from the special death benefit fund for all police officers appointed by the university, college, or junior college. including police officers employed by the university, college, or junior college who died in the line of duty after June 30, 2004, and before July 1, 2005. Imposes a $5 fee on each bail bond and deposits the fees collected in the special death benefit fund.
Requires direct deposit by electronic funds transfer of all payments to a person who has a contract with the state or submits invoices for payment from the state. Provides a procedure for the auditor of state to grant a waiver of this requirement. Provides that a person who entered into a contract with the state before July 1, 2005, must authorize direct deposit of payments to the person or request a waiver of the requirement not later than June 30, 2006. Requires direct deposit by electronic funds transfer of a state employee’s earnings. Provides a procedure for the auditor of state to grant a waiver of this requirement. Provides that a state employee hired before July 1, 2005, must authorize direct deposit of the employee’s earnings or request a waiver of the requirement not later than June 30, 2006.
I suspect there will be a number of state employees unhappy with this one. Seems like there was language in the state’s direct deposit authorization that was a little fishy causing some of the more cautious employees to go without direct deposit. The strict language of this statutes requires only that the employee give his or her authorization and designate a bank and an account number. The state being the state, you know there will be a standard form with all kinds of gobbledy-gook. I’d like to see the case where the employee refuses to sign but simply provides a hand written statement saying, “I, Employee X, authorize direct deposit of my earnings to The Bank in Account 123456.” /s/ Employee X.
Provides that the gasoline tax applies to gasoline used or sold in Indiana (current law provides that the tax applies to gasoline used in Indiana). Authorizes the transportation finance authority to issue bonds or notes secured by lease rentals relating to highway improvement projects and anticipated to be paid by the department of transportation from federal transportation revenues received in the current federal fiscal year or to be received in a future federal fiscal year. Limits the total amount of the lease rentals securing the bonds or notes during any state fiscal year to 50% of the increase in the amount of federal transportation revenues received by the state since the federal fiscal year ending September 30, 2004. Authorizes the transportation finance authority to issue bonds or notes for local road projects that are secured by lease rentals payable by cities, towns, and counties. Provides that when issuing the bonds or notes, the authority is subject to certain rules concerning minority and women’s business participation.
This one looks very interesting (in a very, very dry kind of way.) I don’t have time to look at it in any detail tonight, unfortunately.
Specifies that for purposes of the law regulating off-road vehicles and snowmobiles, the definition of “operate” applies to both types of vehicles. Specifies that snowmobiles must be registered under the off-road vehicle and snowmobile law. Makes possessing an off-road vehicle or snowmobile with an altered or defaced vehicle number a Class B misdemeanor. Makes failure of a dealer to maintain rented vehicles in a safe operating condition or to maintain liability insurance a Class C infraction (instead of a Class B misdemeanor). Allows bird hunting stamps in an electronically generated form. Allows commemorative bird hunting stamps to be sold. Provides that hunting and fishing licenses and stamps expire on March 31. Requires electronically obtained licenses to be signed to be valid. Amends procedures to obtain a duplicate license. (The introduced version of this bill was prepared by the natural resources study committee.)
I don’t have enough time to sift through the Senate Bills tonight, but here is a synopsis:
SB 32. Handgun licenses and noncitizens. Passed 48 – 0.
SB 60 Changes for the Wabash River Heritage Foundation. Passed 48 – 0.
SB 88 Judges’ retirement benefits. Passed 42 – 6.
SB 89 Lighting and marking of agricultural equipment. Passed 46 – 2.
SB 139 Professional licensing agency. Passed 47 – 1.
SB 181 Environmental assessment before demolition. Passed 43 – 5.
SB 213 Sales tax on out-of-state sales. Passed 48 – 0.
SB 233 Child solicitation. Passed 48 – 0.
SB 259 Rulemaking by instrumentalities of the state. Passed 48 – 0.
SB 296 Adds a community college mission to Ivy Tech. Passed 48 – 0.
SB 303 Marion superior court. Passed 47 – 1.
SB 362 Notice of existence of insurance policy. Passed 48 – 0.
SB 373 Statutes of limitation in property matters. Passed 48 – 0.
SB 379 Delivery sales of tobacco products. Passed 48 – 0.
SB 422 Adoption procedural requirements. Passed 48 – 0.
SB 465 Use of cattle guards. Passed 48 – 0.
SB 481 Transitional living services. Passed 48 – 0.
SB 493 Geographic information systems. Passed 48 – 0.
SB 527 Board of animal health issues. Passed 48 – 0.
SB 538 Lead Poisoning. Passed 48 – 0.
SB 571 Multi-jurisdictional economic development. Passed 48 – 0.
SB 607 Combining licensing bureau and agency. Passed 48 – 0.
SB 638 Merger of townships. Passed 45 – 3.
SB 7 – Seat belts passes committee
The Associated Press is reporting that SB 7 has passed out of the Senate Committee on Homeland Security, Utilities, and Public Policy by a vote of 10-0. The bill that would require drivers and all passengers to wear seat belts in trucks, SUVs and cars. (Currently the occupants of trucks and truck-plated SUVs are not required to wear seat belts, nor are the back seat occupants of automobiles.)
According to the article:
Bill sponsor Sen. Tom Wyss, R-Fort Wayne, said the bill would likely see opposition as it moves to the House.
“It’s not without controversy,” he told senators. “You’re going to hear from constituents talking about their freedom and liberty.”
With respect to the freedom and liberty argument, I think that horse left the barn when the legislature mandated seat belt use for cars. I don’t think there is any principled distinction for mandating the use of seat belts in cars but not trucks or SUVs. I don’t know what the data is about seat belt use saving lives for back seat passengers, so I’m willing to consider the argument that the back seat mandate is unnecessary. But, with regard to front seat passengers, I think seat belt mandates are a good idea for cars, and I don’t see any reason to continue the nonsensical exclusion of trucks and SUVs absent some showing that beltless crashes don’t pose much of a danger to occupants of trucks and SUVs.
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