General Assembly reaches midpoint

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At the midway point in this Indiana General Assembly session, dozens of bills died this week when one house didn't vote on them while others moved on for further consideration.

An Indiana Lawyer review of the legislation listed on the state legislature's Web site shows that 135 of 420 Senate bills and 104 of 391 House bills survived, though many bills mirrored similar measures or have even been merged into other legislation that's moved on. The totals include numerous vehicle bills that could have been used for particular issues if needed as the legislative session progressed.

Some pieces of legislation that died involved court reporting licensing, an oversight commission for the state's judicial computer systems, and a resolution involving judicial mandates. One bill that would have dubbed any non-attorneys' illegal practice of law as racketeering activity survived a House committee but didn't get a final vote, to the surprise of the those in the legal community watching the legislation.

But various bills moved on, including legislation that would: expand the statutory framework for problem-solving courts, repeal a 2009 special session change giving the Indiana Department of Child Services more authority on out-of-state placements, revise the state's grandparent visitation laws, allow Marion County to convert all of its commissioners into magistrates at no expense to the state, expand the authority of the Attorney General's Office and Solicitor General in various ways, and allow magistrates statewide to serve as part-time senior judges. A bill that would revise Indiana's rights of publicity statue and create an interim commission to study that issue more in-depth also continues to move.

Even in the tough budget times, when some courts held off requesting new judicial officers and resources, lawmakers approved the only request for a new court that came before it so far this session: HB 1269. It would both unify the Clark Circuit and Superior courts and also create a new Bartholomew Superior Court in July 2011 and pay for it using a fee of at least $20 on each traffic infraction. Lawmakers had expressed concern previously because it could change how the state handles the state court funding, but the bill passed the House unanimously by a 98-0 vote.

One close vote on a legal-related bill was with HB 1255, which involves proof of collateral-source payments and would prohibit a court from admitting into evidence any write-off, discount, or other deduction associated with a collateral-source payment in a personal injury or wrongful death action. This topic was the subject of an Indiana Supreme Court decision last year in Stanley v. Walker, 906 N.E.2d 852 (Ind. 2009), which held that the state's collateral source statute doesn't bar evidence of discounted amounts to determine the reasonable value of medical services provided to plaintiffs in those actions. The bill made it out of committee, and representatives voted 57-40 to send it to the Senate.

Now, the opposite house of the General Assembly must consider all legislation, and some issues that have died already could be weaved into bills that are still alive. Committee meetings begin again next week, and each side has until March 3 to take a final vote on legislation and then, if necessary, work out final details in conference committees before the session ends March 14.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...