Archives for January 10, 2006

Senate Activity

January 10, 2006 by Doug Masson Leave a Comment

Some of the Senate activity today:

SB 5 concerning disorderly conduct at funerals passed out of committee. The crime of disorderly conduct is normally a Class B misdemeanor. Under the provisions of SB 5, the conduct would be a Class D felony if it takes place within 500 feet of a funeral, funeral home during the viewing of a deceased, funeral procession if the person knows that the funeral procession is taking place, or a building in which a funeral or memorial service is being conducted. There is no requirement that the disorderly conduct be in any way directed at the funeral activity, only that it take place near by.

SB 43 concerning free state fair admission for military personnel passed out of committee. Specifically, it requires the state fair commission to provide for the free admission to the state fair of veterans, active military personnel and their dependents. That’s gonna cause a spike in enlistment.

SB 47 concerning free criminal background checks for churches passed out of committee. It provides for free criminal criminal histories to be provided to churches or religious organizations requesting the information as part of a background investigation of an employee or adult volunteer working in a nonprofit or ministry capacity for the church. I guess I’m unclear on why churches are more deserving of this free government service than other nonprofits. I suppose because churches have had more problems (or more publicity about problems) with child molesters and the like.

SB 73 concerning indemnity agreements in motor vehicle contracts passed committee. It provides that certain indemnity provisions contained in, collateral to, or affecting a motor carrier transportation contract are against public policy and are void and unenforceable. I read it twice, and there is a twist in there allowing certain kinds of indemnity provisions I couldn’t quite parse. Nobody is paying me for this, so I’m not reading it again.

SB 102 concerning anatomical gift liability passed committee. It provides that a person making an anatomical gift and the decedent’s estate are not liable for any injury or damage that may result from making or the use of an anatomical gift.

SB 245 concerning telecommunications deregulation passed committee. (Per the Indy Star. I haven’t seen the entry on the LSA page yet.)

SB 259 concerning the end date for capture of certain stadium funds passed committee. It provides for the termination of the annual capture of $11,000,000 of state revenue for use to pay obligations owed by the Marion County capital improvement board to the Indiana stadium and convention building authority or a state agency. After January 1, 2010, the annual capture terminates in the year following the first year when none of the obligations remain outstanding.

In addition, a lot of bills were assigned to committee on first reading.

House Activity

January 10, 2006 by Doug Masson Leave a Comment

Some of the activity that took place in the House of Representatives today:

HB 1103 adding to the definition of boat dealers those who sell trailers to carry boats passed out of Comittee.

HB 1106 concerning external defibrillators passed out of committee. It removes the requirements that a person or entity that acquires a defibrillator ensure that the users have completed certain courses and have enlisted a physician for medical direction.

HB 1111 concerning life insurance and medicaid passed out of committee. It allows the state to use Medicaid funds to pay life insurance premiums where the Medicaid recipient has irrevocably named the State as the beneficiary of a life insurance policy or assigned the policy to the State. Where a recipient has made such an assignment, the policy can’t be considered as a resource in determining the recipient’s eligibility for Medicaid.

HB 1134 concerning the Recodification of Title 21 passed 3rd reading 93-3. Title 21 is the K-12 education finance law. The recodification project is an effort by the General Assembly to clarify the language and the organization of the Indiana Code without changing its substance. (See my prior entry on recodifications.)

In addition, a lot of bills were assigned to committee on First Reading. Whether they get a committee hearing is an entirely different story.

Time Zone decision may be soon

January 10, 2006 by Doug Masson Leave a Comment

WSBT has a brief report saying:

An announcement on St. Joe County’s Time Zone may be days away.

Several sources tell NEWS-22 the Department of Transportation has made a decision, but it needs final approval by D-O-T Secretary Norman Mineta. That’s expected next week.

No word if the decision is to move St. Joe County to Central Time or leave it on Eastern Time.

My calculations are a bit rough, but I think the last day for a bill to be heard in Committee is probably January 30 or January 31. (The last day for Third Reading of bills is February 2.) So that will leave a roughly 10 days to 2 week window for the USDOT’s decision to cause enough of a stir to force a committee hearing on one of the Daylight Saving Time bills. Presuming, of course, the USDOT’s decision isn’t a display of Solomonic wisdom, leaving all sides content.

Senate Committee Activity

January 10, 2006 by Doug Masson Leave a Comment

The Senate Committee on Corrections, Criminal, and Civil Matters meets today at 9:00 A.M. in room 130. Under consideration are:

SB 5 “Disorderly conduct” at funerals.

SB 47 Criminal checks and religious organizations.

SB 54 Handgun licensing.

SB 73 Indemnity agreements in motor vehicle contracts.

SB 102Anatomical gift liability.

The Senate Tax & Fiscal Policy Committee meeting is meeting at 9 a.m. in Room 431 to consider:

SB 148 Use of County Adjusted Gross Income Tax (CAGIT) revenue.

SB 256 Credit for excessive residential property taxes.

SB 259 End date for capture of certain funds from stadium.

SB 260 “Various property tax issues.”

Finally, the Senate Homeland Security, Utilities, and Public Policy Committee is meeting at 9:30 AM in the Senate Chamber to consider SB 245 to consider the telecommunications deregulation bill. I have previously posted some thoughts on the issue, if not the bills specifically. Representative Dvorak has a recent post on “What Broadband Means for Indiana” which touches on SB 245. The Indiana Law Blog also had a good post on the subject.